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FBI Fights Testing For False DNA Matches

Statesman writes "The Los Angeles Times reports that an Arizona crime lab technician found two felons with remarkably similar genetic profiles, so similar that they would ordinarily be accepted in court as a match, but one felon was black and the other white. The FBI estimated the odds of unrelated people sharing those genetic markers to be as remote as 1 in 113 billion. Dozens of similar matches have been found, and these findings raise questions about the accuracy of the FBI's DNA statistics. Scientists and legal experts want to test the accuracy of official statistics using the nearly 6 million profiles in CODIS, the national system that includes most state and local databases. The FBI has tried to block distribution of the Arizona results and is blocking people from performing similar searches using CODIS. A legal fight is brewing over whether the nation's genetic databases ought to be opened to wider scrutiny. At stake is the credibility of the odds often cited in DNA cases, which can suggest an all but certain link between a suspect and a crime scene."

411 comments

  1. well, well... by fyngyrz · · Score: 5, Interesting

    What we're seeing here is a crack in the government's facade of fake-goodness. The ideas we're fed are that justice is blind, which means (we're taught), ultimately fair; that prosecutors and judges and the legal system in general have our best interests at heart, and so on, platitude after platitude...

    But the truth peers 'round the corner here. They're not interested in accuracy, else they'd be all for determining how well this works, or not. The process and the results would both be open. What they're interested in are convictions, because that's how they keep score. That's how the public is keeping score.

    This is unfair and irresponsible on two fronts. First, if you get the wrong person for any reason (including using DNA evidence that is supposed to be basically infallible, but is, in fact, fallible); then you've done a wrong to that person, of course. But secondly, for every false conviction the prosecutor and their accomplices notch into their pistols, the real criminal is now completely free -- the case is closed. They're not even looking.

    As a society, we need to stop trying to raise up any part of the system based upon count of arrests, convictions, tickets, etc. The temptation to go for easy answers is too high; obviously, if the FBI itself is victim to this, an organization that prides itself on its organizational integrity, groups that have less tradition of trying to do right -- like the local cops who broke down your neighbors door last week -- are going to fall even more prey to such pressures.

    As we see that the FBI tries to prevent the truth from coming out about a tool that is less effective than they claim, as they try to prevent exonerating information from reaching the defense, we see true colors.

    These people are not our defenders; they claim to be, but they have their own agenda, and it is not about fairness. They're simply counting scalps.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:well, well... by Hojima · · Score: 5, Funny

      but one felon was black and the other white

      Well according to statistics it was clearly the black one
      (note to mods, this is a joke)

    2. Re:well, well... by Anonymous Coward · · Score: 0

      Just think of all the people who may have been falsely convicted or cleared based on the false-positive rate of current DNA testing. Do you still think DNA databases are such a good idea?

    3. Re:well, well... by kesuki · · Score: 3, Interesting

      what is really shocking here, is that these 'matches' were being found in arizona, which has less than 2% of the Us population, unless a lot of other places outsource DNA testing to arizona it suggests that DNA fingerprints are little better than regular fingerprints.

      TFA isn't very clear, except that she was working for the state of arizona when she noticed 'identical' matches.

      some might suggest that some of the DNA used to identify criminals may have impacts on that persons likelihood to turn to crime.. but we really don't understand much of how the brain works or the effects of slight variations in dna on that.

    4. Re:well, well... by DaedalusHKX · · Score: 3, Interesting

      Anyone with skill and with a true criminal mindset (as in, REAL criminals with an axe to grind) will be able to fool the feds. As far as I understand, they're no different than the KGB... they have to present a list of victims... AHEM... "apprehended criminals" in order to justify their existence.

      Nothing new. They'll keep criminalizing innocent, harmless things and letting real criminals go. The prison industry is bigger than Chinese outsourcing, but you won't hear about it on CNN or even on the alternative news sites. Nobody wants to mention that outsourcing to China is no different in any aspect than outsourcing government furniture (just an example) to prison labor, which undercuts even the Chinese commies on price. Why do you think they are letting out violent felons while taking in white collar boys for shit crimes nobody cares about? Exactly... a violent felon is a liability to a budding industrial power (aka... the new forced labor camps called "corrections facilities"). A meek and easily subdued white collar boy, well he's easy to walk all over and he's afraid of his fellow inmates AND the guards. He'll do as he's told. Why risk angry violent felons incarcerated with the very profitable and nonviolent white collar "criminals" ?

      Bingo. You've said it well chief, but missed the "profit" motive, which is what existed under communism, it existed under socialism, under fascism and in this fascist/socialist hybrid system that we have here in America. Nothing new... just different masks on the same old faces.

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    5. Re:well, well... by Anonymous Coward · · Score: 0

      But a horrible one.

      Not horrible just sarcastic.

    6. Re:well, well... by Anonymous Coward · · Score: 0

      Not sarcastic, true.

    7. Re:well, well... by khayman80 · · Score: 4, Interesting

      Unless they were looking for a serial killer, who tend to be white males.

    8. Re:well, well... by WithLove · · Score: 1

      Less than 1/50th of the population. Not too terribly significant, really. There are 50 states.

    9. Re:well, well... by jd · · Score: 2, Funny

      I can see it now. Sparticus II: "We Are Sarcasticus!"

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    10. Re:well, well... by iminplaya · · Score: 3, Informative

      Hmmmm...

      At midyear 2007 there were 4,618 black male sentenced prisoners per 100,000 black males in the United States, compared to 1,747 Hispanic male sentenced prisoners per 100,000 Hispanic males and 773 white male sentenced prisoners per 100,000 white males.

      Almost 6 to 1. And how many people will use these numbers to justify their racist attitudes instead of realizing who's being targeted? An economic breakdown might be even more revealing.

      --
      What?
    11. Re:well, well... by corbettw · · Score: 4, Insightful

      Just wait until they start outsourcing prisons to China. Won't that be all kinds of fun?

      God, I wish I were joking.

      --
      God invented whiskey so the Irish would not rule the world.
    12. Re:well, well... by rohan972 · · Score: 5, Informative

      Possibly significant in terms of sample size.
      If person A has a DNA profile that matches one other person in the country, it is still very strong evidence.
      If upon checking the other states there was found to be an average of one matching person per state, 50 matches, still strong evidence, but not nearly so conclusive. Would now require stronger supporting evidence to be "beyond reasonable doubt".
      If (prison population being approx 1%) there are found to be 100 matches per state, 5000 matches, then DNA becomes more useful as evidence for aquittal than for conviction, ie: non-matching still proves it wasn't you but matching doesn't prove it was you.

    13. Re:well, well... by drDugan · · Score: 1

      a story about unfair convictions, from, of all places, Craigslist. worth the read.

      http://www.craigslist.org/about/best/sfo/734069587.html

      no idea how accurate it is, but I found it a very strong argument to get convictions right

    14. Re:well, well... by Anonymous Coward · · Score: 0

      Who's being targeted, or who's committing more crimes?

      Occam's razor comes into play here.

    15. Re:well, well... by D'Sphitz · · Score: 5, Interesting

      I agree 100%. We see all the time stories about new evidence in death row cases. The first thing the prosecutor always argues is "he doesn't deserve a new trial, I stand by the conviction". If they truly cared about justice they'd say "hey we need to take another look at this". I don't know how they can live with that on their conscience anymore than I understand how defense lawyers can live with setting rapists and killers free on technicalities. I think the answer is that most lawyers in general lack a conscience, you'd have to to be successful.

      I have seen first hand how the justice system truly works. Back in my youth I was a bit of a delinquent, and was convicted of many fairly petty crimes, mostly misdemeanor but nothing worse than a gross misdemeanor. I freely admit that I was usually guilty as charged, and I took my licks, but there were two cases where I was absolutely innocent.

      Part of their strategy is to charge you with everything in the book, that way when plea bargaining comes around they can act like they are doing you a favor by dropping the extraneous charges if you plead to the main charge. The prosecutor had absolutely no interest in justice and wasn't interested in explanations or evidence, it was made very clear that if I refused to plead guilty it was going to cost me. In retrospect i'm confident I would have won both cases had I gone to trial, but the scare tactics can be quite effective, especially on a 20 year old kid.

      I accepted the plea bargain in both cases to stay out of jail and avoid a costly trial and missing more work. Being innocent is just as costly as being guilty. Ironically I had to tell the judge under oath that I was really guilty and wasn't just saying so for the sake of the plea bargain. The convictions went on my permanent record and I got some hefty fines and probation, and the prosecutor got 2 more notches on her holster. 8 years later these convictions in particular, which were gross misdemeanors, cost me a very nice job.

      Like I said, it was fairly petty and doesn't compare with the innocent people who are rotting in prison right now, but I can definitely sympathize. We see it all the time, people pleading guilty to avoid the death penalty or long prison sentences. When it is more of a punishment to prove your innocence than it is to plead guilty, something is wrong with the system.

    16. Re:well, well... by jonadab · · Score: 4, Informative

      Try a geographic breakdown. Here's a hint: it correlates *strongly* with population density. A very disproportionately high percentage of the crime occurs in the urban areas. Something like 90% of the crime, and 99% of violent crime, in the big urban areas that house about 40% of the population.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    17. Re:well, well... by Anonymous Coward · · Score: 2, Informative

      I can see it now. Sparticus II: "We Are Sarcasticus!"

      See, that was a horrible joke.

    18. Re:well, well... by Anonymous Coward · · Score: 0

      But a horrible one.

      But isn't that why we're here?

    19. Re:well, well... by Anonymous Coward · · Score: 3, Insightful

      Who's being targeted, or who's committing more crimes?

      Occam's razor comes into play here.

      committing a crime doesn't necessarily make you a prison statistic.
      Being sentenced to prison does. It's cool you saw "Contact", though.

    20. Re:well, well... by Anonymous Coward · · Score: 0

      Damn Bayes!!!

    21. Re:well, well... by Jafafa+Hots · · Score: 5, Insightful
      "If they truly cared about justice they'd say "hey we need to take another look at this". I don't know how they can live with that on their conscience anymore than I understand how defense lawyers can live with setting rapists and killers free on technicalities."

      There's a difference. A prosecutor in the situation you give is placing his own career interests above the interests of justice and the law.

      A defense lawyer getting someone off "on a technicality" is at the very least demonstrating an allegiance to the letter of the law and a commitment to see that all people are treated under the law equally... and often may be the last line of defense against a government bent on violating civil rights.

      There's really no such thing as "getting off on a technicality." Whenever you hear that phrase it's coming from a prosecutor or police officer who at the least didn't do their job properly and at worst violated the law themselves, and got caught.

      When the police searched you illegally, you "got off on a technicality."
      When they came into your home without a warrant, you "got off on a technicality."
      When they didn't properly document and control the chain of possession of evidence used to convict you, thus throwing into doubt whether it's even legitimate evidence, you "got off on a technicality."
      When they interrogated you improperly or otherwise throw into question the accuracy of what they claim is your testimony to police, you "got off on a technicality."
      When they selectively show your photo to or otherwise lead the victim into presupposing you are the guy who did it, you "got off on a technicality."
      When the prosecutor has withheld information that might have exonerated you or changed a jury's verdict, you "got off on a technicality."

      "Got off on a technicality" = not guilty.

      --
      This space available.
    22. Re:well, well... by KGIII · · Score: 1

      I have read some good first posts but this one is great. I'd give you an extra +10 but, well, the math doesn't work out and I'm responding so I couldn't possibly have mod points to spare on it.

      --
      "So long and thanks for all the fish."
    23. Re:well, well... by KGIII · · Score: 2, Informative

      Find the owners of the CCA and look a bit more heavily into the privatized jails and prisons that are springing up around the country.

      --
      "So long and thanks for all the fish."
    24. Re:well, well... by Anonymous Coward · · Score: 0

      "Got off on a technicality" = not guilty.

      "Got off on a technicality" = not proven guilty.

    25. Re:well, well... by philspear · · Score: 5, Insightful

      I've noticed something: government conspiracies always get modded up here and are usually based on "Think about it. You know it's true, man."

      The reason overly pessimistic posts about the government get modded up and not overly optimistic ones seems to be that your average slashdotter is insecure and doesn't want to get lauged at for being naive.

      Well call me naive, but I don't think things like this are driven by greed so much as incompetence, hubris, and an "us vs them" mindset.

    26. Re:well, well... by Anonymous Coward · · Score: 0

      It was a joke?

    27. Re:well, well... by Jafafa+Hots · · Score: 2, Interesting
      "not proven guilty"

      Not proven guilty = not guilty. In a civilized society, anyway. Presumption of innocence. That's how we're supposed to do things here.

      Well it WAS anyway, but that's pretty well gone out the window now.

      --
      This space available.
    28. Re:well, well... by GodfatherofSoul · · Score: 3, Insightful

      I recommend you read a book like Sense and Nonsense About Crime and Drugs. Our justice system is biased from the top down. For an example, the percentage of black and white drug users is exactly the same; last I read around 13%. However, a minority is more likely to be searched during routine police encounters by the police, more likely to be arrested, more likely to be tried, more likely to be convicted, and more likely to be sentenced to jail time. So, we go from equivalent percentages of black and white drug users to a wildly overrepresented percentage of black inmates on drug offenses; last I read 58%. Also consider that law enforcement often takes a "containment" approach to drug enforcement. To paraphrase a Chris Rock joke, if a 14 year old can score weed you think the cops don't know where the drug dealers are, too?

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    29. Re:well, well... by darkfire5252 · · Score: 4, Insightful

      "If they truly cared about justice they'd say "hey we need to take another look at this". I don't know how they can live with that on their conscience anymore than I understand how defense lawyers can live with setting rapists and killers free on technicalities."

      There's a difference. A prosecutor in the situation you give is placing his own career interests above the interests of justice and the law.

      No, no, no. Three words explain why the prosecutor doesn't want to re-try the case and why this is the right thing to do in the circumstances: adversarial justice system.

      It may not be the best system, but it's what we have; it is the duty of the prosecution to assume that they are right, just as it is the duty of the defence to assume that the prosecution is wrong. To allow the prosecutor to pick and choose the circumstances in which to present a strong case vs the circumstances in which to side with the defence introduces more bias into the system. Each side must present their case as if it was absolutely the way that they say it is, and then the jury must weigh the circumstances and decide.

    30. Re:well, well... by Zemran · · Score: 1

      This is not even a new problem although the cause is different.

      http://news.bbc.co.uk/2/hi/uk_news/england/2885843.stm

      That was in 2003 and now the databases are growing faster than the chacks and balances on them. Fingerprint records are almost global but the limited points that they check mean that there are almost certainly 1000s of duplicates.

      I do support the use of these databases to support real evidence. If you are running from the scene and you say that you were not there, but the DNS/fingerprints say otherwise then it is good evidence but when they pull a total stranger from 1000s of miles away, out of a database then there is going to be problems...

      It is far too easy to get false positives with these huge databases and big trouble is that people truly believe that it is impossible for there to be a duplicate. People need to know that one in 113,000,000,000 is an exageration that means a lot when there is good evidence to support the case but it means nothing on a global database (and obviously with a US based database it means more than nothing but not much more).

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    31. Re:well, well... by kitgerrits · · Score: 1

      My guess is that nobody pays attention to the Hispanics and the white people either get away with it (Dukes of Hazzard) or pay their way out of it.

      --
      "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    32. Re:well, well... by kitgerrits · · Score: 1

      They can't have more experience in the field than Australia!

      --
      "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    33. Re:well, well... by houghi · · Score: 1

      some might suggest that some of the DNA used to identify criminals may have impacts on that persons likelihood to turn to crime.

      And that will be the reason to have everybody give their DNA at birth.
      This while it will be an absolute wrong way to determine this. The DNA that is used now is gotten from people who are arrested. The likelyhood of people who have been arrested also being guilty of a criminal act is higher then that of people who are not arrested.
      So all we can conclude is people with such a gene are more likely to be arrested. There will be more people who have been arrested that are found guilty that we have DNA of then people not arrested who have been found guilty that we have DNA of when looking at percentages.
      Also we convict people because of this DNA and now it might mean that those people arrested and found guilty are not realy guilty, while the likelyhood of people turning to crime based on DNA is based on the fact that these people are guilty.

      If they are not guilty, then one could conclude that people who have this part of the DNA will be arrested and convited more then avareage.

      And as long as you do not have a good enough base of non-arrested people, there is no way of knowing this.

      That will probably not stop anybody drawing the wrong conclusions though.

      --
      Don't fight for your country, if your country does not fight for you.
    34. Re:well, well... by Anonymous Coward · · Score: 2, Insightful

      With such optimists, what we need pessimists for?

    35. Re:well, well... by adona1 · · Score: 1

      And also, sentenced != crimes committed.

      --
      Between the falling angel and the rising ape
    36. Re:well, well... by Anonymous Coward · · Score: 0

      unless a lot of other places outsource DNA testing to arizona it suggests that DNA fingerprints are little better than regular fingerprints.

      Yes, but regular fingerprints are actually very good. That's why it's called "DNA fingerprints" and not "DNA shoeprints" or "DNA ballistics evidence".

    37. Re:well, well... by Jafafa+Hots · · Score: 3, Insightful
      No, no, no. Three words explain why the prosecutor doesn't want to re-try the case and why this is the right thing to do in the circumstances: adversarial justice system. That makes sense if it's a difference of opinion over the validity of evidence or whatever>

      The situations I'm talking about are not those. A prosecutor that withholds evidence he knows may be exculpatory is not a prosecutor assuming he is right - that's a prosecutor being corrupt.

      The examples I gave are not examples of the adversarial justice system.

      They are examples of civil rights violations. They are examples of unethical behavior. They are examples of government corruption. They are examples of crimes.

      A prosecutor fighting retrial over a disagreement over the validity of evidence is an example of the adversarial justice system.

      A prosecutor fighting retrial over evidence they improperly and knowingly withheld is not - it's an example of a criminal trying to cover up his crime.

      Prosecutors and police are not always simply motivated by doing their jobs properly. They, like other people, are also motivated by greed, personal ambition, prejudice, personality flaws.

      "The Authorities" lie and break the law. Not rarely - routinely.

      --
      This space available.
    38. Re:well, well... by MoonBuggy · · Score: 4, Insightful

      I do know where you're coming from, and I'd certainly hate to be considered a conspiracy nut. I do try to liberally apply the idiom "never attribute to malice what can be adequately explained by incompetence".

      All that said, however, I'm not really seeing a reason here that can be explained by simple incompetence. If they are, at heart, good people, then they would want to know how accurate DNA results are. It wouldn't even expose them to looking bad if it turned out that they'd been using bad evidence - all they'd need to save face would be a photo of an FBI agent shaking hands with someone in a lab coat and a press release explaining how grateful they are for having this weakness in the testing system found. Any other ideas on why they'd want this not to be looked into?

    39. Re:well, well... by Oktober+Sunset · · Score: 4, Funny

      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      black guy: "I'm sparticus!"
      police officer: "That's the one, crucify him"

      *How spartacus would have ended if the Romans were the LAPD*

    40. Re:well, well... by Bozdune · · Score: 1

      You were a repeat offender. You were a pain in the ass. You admit that you were mostly guilty of whatever they charged you. Sounds like the system was working pretty well in your case.

      Look at it from the cops' standpoint. Everyone they arrest is innocent, or so they claim. Some of the most obvious murderers in history claimed they were innocent. Pamela Smart claims she's innocent (http://en.wikipedia.org/wiki/Pamela_Smart).

      Do you think the cops would have been so convinced that you were the guy, had they not had a long history of dealing with you? If you were some first-time offender, do you think they would have pushed it this hard?

    41. Re:well, well... by theophilosophilus · · Score: 4, Insightful

      I think the answer is that most lawyers in general lack a conscience, you'd have to to be successful.

      Disclaimer: my bar exam is a week from Tuesday.
      I've had this conversation with people before, its why I want to stay out of criminal work. I guess the theory is that you throw everything on the table and hope that the opposing attorney is doing their job. That's the adversarial system. The Constitution dictates that the prosecution has to throw a lot more on the table. Ethics rules dictate that the prosecution also has to defeat their own case when they have information that will damage it. The defense attorney just has to do the best he can with the facts he is given.

      Its easy to malign both sides of the system. However, neither is an easy task. The prosecution is ethically responsible for both society's interest, and to some extant, the defendant's as well. The defense attorney is responsible for the defendant's interest but, to a broader extent, society's interests as well. Defense attorneys protect even you and me in the sense that those accused of crimes, whether innocent or guilty, set the periphery of our legal protections. Guilty people have been responsible for the liberties you and I enjoy because they challenged the procedure, actions, and level of proof employed by the government. Whether or not an attorney is scum or devoid of conscience, there is an attorney on the other side taking them to task. Sure its an imperfect system, but its the best society can come up with and we muddle through.

      --
      Why have 1 person driving a backhoe when you could employ 20 with shovels?
    42. Re:well, well... by Archtech · · Score: 5, Interesting

      Yes, but regular fingerprints are actually very good. That's why it's called "DNA fingerprints" and not "DNA shoeprints" or "DNA ballistics evidence".

      Brandon Mayfield might disagree. Had he not been able to prove beyond a shadow of doubt (as in hundreds of eyewitnesses) that he was in Portland, Oregon when the FBI said he was killing people in Spain, he would have been in a peck of trouble.

      Note the closing sentence of the following story: "an FBI fingerprint examiner told an expert hired by Mayfield the original print no longer exists".

      Fancy that.

      http://www.policeone.com/investigations/articles/88280-Newspaper-Faults-FBI-Examiner-in-Madrid-Bombing-Fingerprint-Case/

      Note that it doesn't really matter whether the actual fingerprints were a perfect match or not. What matters is that the FBI lab said they were.

      --
      I am sure that there are many other solipsists out there.
    43. Re:well, well... by nurb432 · · Score: 2, Insightful

      Ok, continuing with your unprovable premise, perhaps the blacks are just not as smart and tend to get caught more?

      Anyone that sees the 'lopsided' amount of black people in prison compared to white really needs their head examined. There is no sinister conspiracy involved here, its just how the chips are falling, for whatever reason.

      --
      ---- Booth was a patriot ----
    44. Re:well, well... by Anonymous Coward · · Score: 0

      One word: Australia

    45. Re:well, well... by vertinox · · Score: 1

      Well call me naive, but I don't think things like this are driven by greed so much as incompetence, hubris, and an "us vs them" mindset.

      Why is greed and incompetence/hubris mutually exclusive?

      If nothing else greed leads to incompetence which later results in hubris which turns into an "us vs them" mentality when someone points out they are wrong.

      In fact, I'd argue if anything that greed is the key motivation behind what most corporations and government bodies these days even if its not that conspiracy-esque at all.

      Take a police officer who is given a quota of giving out speeding tickets. He probaly wants a promotion so he can earn more money which is the natural emotion of greed which in itself it not inherently evil. In order to make quota, he may start giving out tickets which may have not been deserved and even doing things that were obviously incompetent such as using illegal speed traps or camping out in areas in where speed limits were set low on purpose.

      Now some one may call him out on this behavior which leads to his hubris and an "us vs them" mindset all without the need for a grand conspiracy all the while thinking what he is doing is perfectly good and just.

      That is the scary thing, when people like Stalin, Mao, and Hitler did the things they did it wasn't because they thought up a grand conspiracy to trick the populace. They themselves actually believed in their cause and were blind to what they were doing.

      How they came about to power or then kept their power wasn't a grand plan or complex conspiracy worthy of the best fictional writer.

      This is why you should fear the idealist more than you would a back room pragmatic politician. Sure the politician may pocket himself some money, but he doesn't actually believe in what he is doing to be right and wouldn't go so far other than to cover his own ass.

      It could be said that self justification (hubris) is in human nature and quite common. This is why you see FBI and the Federal Government in general doing the things that they do. It because people in power are usually normal humans (well I suppose this is 100%) who have never really sat back and thought about why they do the things they do and surround themselves with like minded people who feel the same way which results in no one ever pointing out that this might not be the best idea.

      So yes, there is no grand conspiracy, but it isn't far fetched that someone at a high level position of power might think to themselves one day "Wouldn't it be easier to do my job (which is of course in the pursuit of justice and freedom) if certain people got out of the way?" and then pursue all the means in their power do so.

      Its human nature and that is what we should be afraid of.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    46. Re:well, well... by YourExperiment · · Score: 1

      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      white guy: "I'm sparticus!"
      black guy: "I'm sparticus!"

      police officer: "Well you guys can all sod off, we're looking for Spartacus."

    47. Re:well, well... by jafiwam · · Score: 2, Insightful

      There are several "layers" of causality that you have to get through from "population of random 100k people of certain race" to "locked in jail".

      Asserting that the only causality is some sort of discrimination without also examining the other layers is just plain old intellectual dishonesty.

      Being targeted or not, if you don't do the crime it's pretty hard to end up in jail. Overall society's expectations are pretty clear, even in the depths of whatever crap-ghetto culture you came from. Everybody knows if you do certain stuff you get busted despite peer pressure of "whitey keepin the black man down" every 4 year old knows "gun in pocket = jail". If they choose not to care, how the fuck is that society's fault?

    48. Re:well, well... by Scrameustache · · Score: 2, Insightful

      Well call me naive, but I don't think things like this are driven by greed

      Call me cynical, but I think you're very naive.

      --

      You can't take the sky from me...

    49. Re:well, well... by iminplaya · · Score: 2, Interesting

      While your post may be better stated than mine, it is pretty much what I am saying about targeting. The law was designed this way for a reason. Alcohol prohibition cast too wide a net, got too many good ol' boys. In fact you could put the blame for marijuana prohibition squarely on William Randolph Hearst as a pretext to drive out the Mexicans. Though some will blame the Mormon Church. Now of course, it is used like many laws to give the police "probable cause". And "containment" is very profitable for the pirates who run the system. The numbers make it quite clear what this is about. Our own failure to resist does our country, and the world a great disservice. "It is convenient to have a system where everyone is a criminal" - Godwin...er, uh, well, you know who...

      "Marihuana influences Negroes to look at white people in the eye, step on white men's shadows and look at a white woman twice."

      "When some beet field peon takes a few traces of this stuff... he thinks he has just been elected president of Mexico, so he starts out to execute all his political enemies."

      "All Mexicans are crazy, and this stuff [marijuana] is what makes them crazy."

      "There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others."

      "...the primary reason to outlaw marijuana is its effect on the degenerate races."

      "Reefer makes darkies think they're as good as white men."

      "Marihuana leads to pacifism and communist brainwashing"

      --
      What?
    50. Re:well, well... by Anonymous Coward · · Score: 0

      "The FBI believes this perpetrator is very, very clever."

    51. Re:well, well... by Anonymous Coward · · Score: 0

      The reason overly pessimistic posts about the government get modded up and not overly optimistic ones seems to be that your average slashdotter is insecure and doesn't want to get lauged at for being naive.

      Well call me naive, but I don't think things like this are driven by greed so much as incompetence, hubris, and an "us vs them" mindset.

      The correct answer is "you don't know". Neither do I.

      The whole thing is just scary.

    52. Re:well, well... by iminplaya · · Score: 3, Insightful

      Your statement flies in the face of the call for equal protection under the law. It is not wise to try to justify the outrageous situation we are under. To deny the inherent racism and classism is much worse than intellectual dishonesty. I hope that's not what you are doing.

      --
      What?
    53. Re:well, well... by Raenex · · Score: 4, Insightful

      Any other ideas on why they'd want this not to be looked into?

      It's human nature not to want to admit mistakes, even to yourself. These people have spent years convicting people on DNA, and in the mind of the public it's rock solid -- if they have you on DNA, case closed.

      The upheaval in the court system will be huge. All cases where DNA evidence was used will have to be retried. Throw in the mentality of "we know he's guilty anyways" based on other evidence, and it's not surprising that the FBI would rather sweep this under the carpet.

      The idea that the FBI is part of some conspiracy to get slave labor is absurd.

    54. Re:well, well... by TheLink · · Score: 1

      Yes the system is flawed and yes it should be better- but it correctly got you most of the time.

      Given such a flawed system the rational thing to do would be to limit your exposure to it - e.g. don't do lots of crimes in the first place. The more crimes you do, the higher your chance of getting caught, and the higher your chance of getting caught for something you didn't do.

      If you're not one of those unfortunate blacks in the USA who keep getting caught for "driving own car while black", just stay clean and the odds of you getting jailed for crimes you did not commit will be really low.

      As you will see, the sort of DNA and fingerprint testing the cops do is a _farce_. What it _might_ prove is innocence - e.g. if there is no match, then it's likely you didn't do it (note though there are genetic chimeras, which mean you have to be more careful).

      If they used less fuzzy tests, the typical degraded evidence at a crime scene might not even match you _conclusively_, EVEN if it was from you. It's like if a cam got a smeared pic of you- it might look like you, but it'll look like lots of other people too.

      I know cops make up evidence. Maybe not all the time, but they do. When they _really_ think you did it, they get tempted to make things up.

      So the cheap DNA tests, and the "DNA databases" being crap makes things inconvenient for them.

      --
    55. Re:well, well... by iminplaya · · Score: 1

      Well, you and one other have answered my question quite succinctly. Thankyouverymuch...

      --
      What?
    56. Re:well, well... by jthill · · Score: 1

      It's human nature not to want to admit mistakes.

      So? Part of turning children into good, honest, decent people is training them not to give in to that desire. Not admitting mistakes when it matters is not good, not honest, not decent. It's malice.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    57. Re:well, well... by Heather+D · · Score: 1

      Agreed, the only conspiracy here is one of human nature; The FBI does not like the idea of so many old cases going to re-trial. The fact that there is apparently good reason to suspect the specificity of DNA evidence notwithstanding.

      Like any bureaucracy their primary purpose is to maintain the bureaucracy. In the face of that, a mere technical problem won't be a big concern unless somebody makes it so.

    58. Re:well, well... by Anonymous Coward · · Score: 0

      I'm sure it has nothing to do with Jacobs Syndrome. Basically an extra helping of "MAN" that affects primarily black males.

    59. Re:well, well... by ZosX · · Score: 1

      Yeah. What about racially profiled traffic stops with automatic searches and seizures regardless of probable cause? Think a public defender is going to get a black man off of that one? I live in Pennsylvania. The black population here is roughly 14% and yet the prison population is roughly 60% black. Now tell me, how is that not disproportionate? I think you need to really reexamine the cause and effects of this relationship. Otherwise what you are saying is that the average black man is 6 times more likely to commit a crime and be caught and convicted and that is somehow fair? Does that mean the average black man is 6 times more likely than a white man to be a criminal? Somehow I really doubt reality has anything to do with incarceration rates.

    60. Re:well, well... by magus_melchior · · Score: 1

      The problem, perhaps, is then the widely-held assumption that precedent is infallible. Seldom does a case get re-tried or overturned due to new evidence (often, it only happens when it would be politically disastrous to deny it), because the prosecution has the advantage of a decision in its favor. The defense would have to fight tooth and nail to appeal to higher and higher courts, which is increasingly costly to its client. If the criminal justice system really is interested in the actual execution of justice, maybe the appellate courts should at least pause and consider whether the prosecution really did its job properly?

      Cue the law-enforcement people complaining that such investigation would tie up their conviction generating machine. Cry me a river.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    61. Re:well, well... by nurb432 · · Score: 2, Insightful

      Why should it have to be fair? if one segment of the population just happens to commit and get caught more often, thats just how it is. There isn't some hidden agenda or magic happening.

      If they want fair, they can stop committing crimes..

      Now, i fully agree there might be individual officers that improperly profile ( and don't forget some profiling is more then proper ), but the overall system does not.

      --
      ---- Booth was a patriot ----
    62. Re:well, well... by gonzo67 · · Score: 0, Troll

      No...there are have been plenty of studies on profiling by police departments. For example, in CO, for the same types of traffic stops, Hispanics and Blacks were 3 times more likely to be searched by the police, however, Whites were more likely to have something illegal on them when searched. If the profiling is based on statistics, Whites should be searched more frequently in CO. Minorities are more careful when driving becuase they know they are more likely to be searched.

      Plus, your sig line tells me you are likely to be bigoted in your views.

    63. Re:well, well... by Anonymous Coward · · Score: 0

      I live in Pennsylvania. The black population here is roughly 14% and yet the prison population is roughly 60% black. Now tell me, how is that not disproportionate? I think you need to really reexamine the cause and effects of this relationship. Otherwise what you are saying is that the average black man is 6 times more likely to commit a crime and be caught and convicted and that is somehow fair?

      There are many possible factors to explain the discrepancy between the percentage of blacks in the general population and the prison population. Finding the answer for the discrepancy requires quite a bit of research.

      Here are some possible explanations (note that I am not saying any of these are true, just that they would explain the population differences if they were):

      - blacks are more likely to commit crime than the general population
      - blacks are more likely to get arrested by police
      - blacks are more likely to get lousy legal defense
      - blacks are more likely to be victims of police & prosecutor misconduct
      - blacks are more likely to be found guilty by judges/juries
      - blacks are sentenced to longer prison terms
      - blacks are more likely to commit some types of crime and those crimes are treated more harshly
      - blacks are more likely to be poor (crime does correlate somewhat with poverty)
      - blacks are more likely to have substandard schooling
      - blacks are more likely to grow up in a culture that idolizes gang life and belittles things like going to school, getting a job and staying out of trouble
      - blacks are more likely to grow up in a single-parent family

      Some of these have racism as a cause or contributing factor, but not all.

    64. Re:well, well... by rbanffy · · Score: 1

      One does not exclude the other.

    65. Re:well, well... by DarkOx · · Score: 1

      I used to live in PA. About they only place you will find a black population of any meaningful numbers are Pittsburg, Philly, and a few in Harrisburg. Those are cities, there are more people, closer together and more law enforcement. There are far more oppertunitys to both commit and be caught commiting a crime. So if you are going to take state wide prision statistics and then try and make conclusions about race without looking at population statistics you are producing nothing but bullshit.

      Now if you collected some data about the rate imprisonment by race for say a neighboorhood within a city you might be able to get something useful out.

      Remember a few years ago when everyone swore up and down that red cars got the most speeding tickets . Then someone figured out that after you adjusted for the proportionality of red cars to other colors there was no difference at all? This is could very well be the same situation. The crime + detection of crime is disproportionally happening in the big metro areas, which have disproportionate black populations.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    66. Re:well, well... by nurb432 · · Score: 2, Insightful

      If you think it says i'm bigoted, you didn't understand my signature in the slightest..

      --
      ---- Booth was a patriot ----
    67. Re:well, well... by kesuki · · Score: 1

      yes, there are 50 states, but you might have noticed, new york state and California both have significantly more than 1/50th of the us population. it's like saying the typical american family has 2.3 children, and then ignoring the fact that there are some with 10 or more children, and thus saying a family with '3' children is a large family. california has about 6 times the population of arizona.

      if arizona found 'dozens' of matched fingerprints, then california should have found even more, i think it would be more than 6x 'dozens' (the theoretical minimum) because with 6x the test subjects, there should be a higher rate of duplicates, especially given a fixed number of possible dna fingerprints.

    68. Re:well, well... by jonbryce · · Score: 1

      It is possible that people from lower social classes are more likely to commit crimes, or at any rate, the sort of crimes that get you caught by the police and imprisoned. And it is also possible that black people are more likely to be from lower social classes. Thus it isn't actually a race issue at all.

      If you compare the crime profile in London (England) with Glasgow (Scotland) for example, the criminals in London tend to be black, where as the criminals in Glasgow tend to be overwhelmingly white. In both cases, they tend to be unemployed, and have unemployed parents.

    69. Re:well, well... by Jah-Wren+Ryel · · Score: 1

      The idea that the FBI is part of some conspiracy to get slave labor is absurd.

      That does not mean they aren't just a bunch of "useful idiots" though.

      --
      When information is power, privacy is freedom.
    70. Re:well, well... by ZosX · · Score: 1

      Well. that is true. very much so. there are also more poor white people than blacks are there not?

    71. Re:well, well... by Viadd · · Score: 1

      Or, it was two unrelated murders, and they only thought it was a serial killer because the DNA matched.

    72. Re:well, well... by Raenex · · Score: 1

      I agree, and I'm not apologizing for their behavior. They should do what's right in the name of justice.

      However, that wasn't the topic I was replying to. I was talking about an alternative to the "slave labor" conspiracy angle.

    73. Re:well, well... by iminplaya · · Score: 1

      If you actually believe what you're saying to be true, then you're expressing racism. If you don't, then you're just trolling. See my other post, and tell me the system isn't rigged.

      --
      What?
    74. Re:well, well... by D'Sphitz · · Score: 1

      If I believed in karm i'd have to say I deserved everthing I got, in retrospect I was pretty lucky considering all the crimes I did get away with, some that probably could have put me in prison. But that's not proof that the justice system works.

      Sure, most guilty people claim they're innocent, but don't forget that innocent people also claim they're innocent.

    75. Re:well, well... by tricorn · · Score: 1

      I think you stated it well: "Being innocent is just as costly as being guilty". If innocent people trusted the justice system to exonerate them, even without having to hire a really expensive lawyer and put their life on hold for an indefinite amount of time, then you wouldn't see shady plea-bargain deals. The assumption, of course, is that someone who is really innocent would never plead guilty, but that just isn't true.

      I think for the most part that the police and prosecutors are honest, really do try to find the guilty person, really do pay attention if they run across evidence that exonerates or points elsewhere. Most of them are dedicated to making the system really work. Unfortunately, that's only "most", there are too many who become convinced they know who did it, then only pay attention to evidence which supports their "certain" knowledge. This is a common human failing, but is very dangerous when present in people who have power; see, e.g. the Bush administration; ignoring aspects of incompetence, it is quite likely that some of the people there really do think that they're right, and that any cover-ups and deception are "end justifies the means", if only they can get people to leave them alone then all will be well with the world for everyone. Of course, some of them are just plain evil as well.

    76. Re:well, well... by nurb432 · · Score: 1

      Look at the numbers. Its true. Ad i believe it 100%.

      And i stand beside my statement that perhaps a few individuals don't play by the rules, but the *system* operates as it should.

      --
      ---- Booth was a patriot ----
    77. Re:well, well... by HiThere · · Score: 1

      Horrible, yes. But, unfortunately, apt.

      Just because you dislike something doesn't mean it isn't true or appropriate. Liking this would be inappropriate, but how else than a terrible joke can one even approach the horror.

      N.B.: Unless one trusts the accuracy of judicial conviction, one has only a guess as to who commits crimes. This is an example as to why trusting the accuracy of judicial convictions is dubious. What you have is evidence as to who was convicted, not who perpetrated the offense. You must guess what percentage of the convictions were accurate.

      My general guess is that most police generally attempt to "catch" the actual criminal. But that, OTOH, once someone is caught, they do their best to convict him whether that's just or not. As a result my guess is that the rate of accurate convictions is higher than 50%...but less than 90%.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    78. Re:well, well... by Anonymous Coward · · Score: 0

      The United States has more people in prison than China (total, and by a vast-margin per capita).

      Incarceration was one of our largest growth industries throughout the last few decades while we exported less profitable industry. So since we're more experienced now, perhaps China be outsourcing their prisoners to us?

    79. Re:well, well... by Anonymous Coward · · Score: 0

      What kinds of drugs are they using? Are they funding the drug use through crime? Factor that in and you may find another more important reason why black people are targeted.

      I will fully coincide that there is plenty of racial targeting towards blacks but if you think that alone is the reason that black people are six times more likely to end in jail you need to step out of your PC distortion field. It's a small factor at most.

    80. Re:well, well... by Anonymous Coward · · Score: 0

      Unless they were looking for a serial killer, who tend to be white males.

      If you are not white, you never have a chance of making it serial.

    81. Re:well, well... by fyngyrz · · Score: 1

      These errors don't imply false clearing; your DNA will always match your own DNA. The only way you can be cleared by DNA evidence is if the DNA at the scene doesn't match yours; that, by definition, cannot be a false clear. You can be falsely implicated if it wasn't you and the DNA matches, which is what the problem is here, though.

      --
      I've fallen off your lawn, and I can't get up.
    82. Re:well, well... by sjames · · Score: 1

      Being targeted or not, if you don't do the crime it's pretty hard to end up in jail.

      TFA strongly suggests that it's nowhere near as hard as it's cracked up to be.

    83. Re:well, well... by sjames · · Score: 1

      some might suggest that some of the DNA used to identify criminals may have impacts on that persons likelihood to turn to crime..

      If so, then punishing rather than treating criminal behavior is wrong headed at best. While isolating them from society may be necessary, the conditions of that isolation would then need to be far better than a prison.

    84. Re:well, well... by sjames · · Score: 2, Interesting

      Alas, there were 122 matches on 9 loci found in a database of 65000 records (1 in 500) in a single state. There were 20 matches on 10 loci. The matches at 11 and 12 were eliminated because the pairs turned out to be related.

      Note that 9 loci are considered "adequate" by "experts".

      The figures suggest that if everyone was in the database, we could expect 7500 matches on a search restricted to a decent sized metro area.

      I agree that DNA evidence should be considered exclusionary. At most, it could suggest suspects but even then, without more, it shouldn't be considered probable cause.

    85. Re:well, well... by sjames · · Score: 2, Insightful

      True, but willingness to have people rot in jail rather than admit to a mistake (even a colossal screw up like this) *IS* malice.

      Mere incompetence went out the window when the FBI started their efforts to sweep this under the rug (along with the likely falsely convicted).

      That doesn't make a slave labor conspiracy, but, I'd say malice on the part of law enforcement is quite bad enough.

    86. Re:well, well... by iminplaya · · Score: 1

      Look at the numbers.

      I have. That's why I post them. They confirm everything I've said so far.

      ..the *system* operates as it should.

      As it is based on prejudice, you would be right on that account. It most definitely is operating as such.

      --
      What?
    87. Re:well, well... by gonzo67 · · Score: 1

      How is Booth a patriot? Unless you consider the Confederacy a real nation rather than a group who tried to leave the union.

      But coupled with your comments about one group committing more crime and getting caught more often adds to that impression.

      Especially when it appears you have no support for said position (and the studies done of various police departments such as Denver PD, and LAPD show your premise to be false, that systemic profiling based on race occurs frequently and is used by police to justify their actions in profiling...in a circular logic kinda way...when the truth is that Whites commit as much crime as minorities do).

    88. Re:well, well... by Raenex · · Score: 1

      You're arguing a straw man. I never said it wasn't malice. Read the posts I was replying to up-thread.

    89. Re:well, well... by Eli+Gottlieb · · Score: 1

      And I always say, "never attribute to incompetence that which you can explain by misplaced good intentions".

    90. Re:well, well... by swillden · · Score: 1

      A prosecutor that withholds evidence he knows may be exculpatory is not a prosecutor assuming he is right - that's a prosecutor being corrupt.

      Actually, that's a prosecutor committing a serious breach of his or her responsibility as an officer of the court, one that would get them disbarred at the least and more likely sanctioned by the court -- which could result in prison time.

      The defense is under no obligation to provide incriminating evidence to the prosecution, but the prosecution MUST provide any exculpatory evidence it has to the defense.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    91. Re:well, well... by sjames · · Score: 1

      Adversarial does not mean being out to convict people without regard for guilt. That is simply unethical.

      I've seen cases where DNA testing has been done post conviction (since it was not available at the time), it exonerates the convicted defendant, and the prosecutor STILL vehemently opposes even having a judge see the new evidence.

      That is not adversarial, it's malicious.

      The prosecutor is SUPPOSED to be much more tightly constrained in their actions than the defense. If the prosecutor isn't fully convinced of the defendant's guilt, in theory it shouldn't go to trial at all no matter how sure they are they can snowjob 12 random people.

      Otherwise, why not just try everyone for everything and see what sticks?

    92. Re:well, well... by Xonstantine · · Score: 1

      Racist attitudes?

      The bottom line is the US has a problem with black violent crime, the victims of which are predominately also black.

      When a black male is 7 times more likely to commit a homicide than his white peer (and 7 times more likely to be a homicide victim), the problem isn't racist attitudes or a top down approach to police enforcement, it's endemic violence within the black community.

      Another poster quoted Chris Rock. I'll do the same. You don't see people getting in brawls, getting stabbed, or getting shot at the CMT awards.

    93. Re:well, well... by Ihlosi · · Score: 1
      that, by definition, cannot be a false clear.

      ... unless you're a chimera.

    94. Re:well, well... by L+Boom · · Score: 1

      I'll bite, given that we only have four words to go by. I'll assume John Wilkes Booth here, given no other information, so to the average non-mindreader it looks like you're celebrating the assassin of the U.S. President who issued the Emancipation Proclamation and brought the Confederacy back into the Union.

      Maybe I'm a bit of a dullard, but it sure seems like you're praising the guy who killed the President who freed the slaves. Or are you going to argue he was a martyr for states' rights or killed the tyrant who suspended habeas corpus or something like that?

      I'm honestly curious now, I've noticed your sig before and was wondering.

    95. Re:well, well... by misterjava66 · · Score: 1

      I recommend you buy it at:

      http://www.betterworld.com/list.aspx?SearchTerm=Sense+and+Nonsense+About+Crime+and+Drugs

      86.62 % off for a used version.

      Also, your doing good stuff for the environment and literacy

      http://www.betterworld.com/custom.aspx?f=impact

    96. Re:well, well... by spun · · Score: 1

      A popular misconception in the 1960s and 1970s that XYY males were more prone to criminal behavior led to several novels and TV series which exploited the idea with little regard to the science.

      Please read the pages you quote to see if they actually support your hypothesis.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    97. Re:well, well... by Anonymous Coward · · Score: 0

      But if the testing is not 100% accurate, that means that the FBI is capable of being wrong.

      If the FBI is perceived as being capable of being wrong, that is a treat to National Security.

      Ergo, Anything that could prove the FBI wrong is a threat to National Security, and must be eliminated for the Good of the Nation.

      Why must everybody HATE America and undermine the government like this?
      People, the FBI said someone was guilty, just believe them and move along, nothing to see here.
      They'll be sending a compliance officer by each of your houses tomorrow to collect your urine samples as well.

    98. Re:well, well... by Anonymous Coward · · Score: 0

      A lot of people in Arizona are related. It's a lot like Oklahoma.

    99. Re:well, well... by nurb432 · · Score: 1

      Since itâ(TM)s rather OT ill keep it short:

      The main point was to make people think. Not so much about the man and if you consider his actions good or bad, but how his actions are portrayed and how relative that portrayal really is. History is written by the victors, and if the south had won he would be considered a hero. The north had won, so he is considered an assassin. Either way, he was willing to give his life for his country, which qualifies him as a patriot.

      --
      ---- Booth was a patriot ----
    100. Re:well, well... by Hyppy · · Score: 1

      Have any sources on some of those quotes? It would be great to use some of them in conversational debate.

    101. Re:well, well... by Hyppy · · Score: 0, Troll

      He just said that you can't attribute the number disparity to discrimination alone, so you immediately infer that he must be a racist?

      He made a good point: not committing crime in the first place will lower your chances of jailtime significantly.

    102. Re:well, well... by Stanistani · · Score: 1

      If you wanted to make people think, you should have used a few more characters:

      --If the South had won, Booth would have been a patriot--

      As it is, you're just coming off as a troll.

    103. Re:well, well... by iminplaya · · Score: 1

      Well he's wrong. These laws were, and are specifically targeted at a specific group of people. And the victims are political prisoners, just like those in Cuba and China, and all those other places we like to complain about. And many of them are completely innocent of any wrongdoing whatsoever. See my other reply to you for reference. And this, in case you didn't catch it from one my other replies in this thread. It is sad however that their anger and violence is misdirected at each other, instead of the cause of their suffering. The Watts and Rodney King riots being a case in point. But to support these these laws in any way, shape, or form, and the system that imposes them is indeed racist.

      --
      What?
    104. Re:well, well... by L+Boom · · Score: 1

      Since itâ(TM)s rather OT ill keep it short:

      The main point was to make people think. Not so much about the man and if you consider his actions good or bad, but how his actions are portrayed and how relative that portrayal really is. History is written by the victors, and if the south had won he would be considered a hero. The north had won, so he is considered an assassin. Either way, he was willing to give his life for his country, which qualifies him as a patriot.

      Apologies for my own OT, but this worth teasing out, I think, and it does actually relate to the prison statistics and such. Anyway, Boothe would be considered an assassin whether the North had won or lost. He killed a political leader for a political purpose; that's one of the objective definitions of the word "assassin." Not to put too fine a point on it.

      As to your larger point, it just seems a bit of a cop-out with the "the victor writes the history" angle. Lincoln freed the slaves. Boothe killed him for it. You're praising the murderer as a patriot, which would lead any reasonable person to assume that you support Boothe's views, none of which can be separated from the fact that the South went to war to defend its right to keep slaves. So, yes, it's perfectly understandable for anyone reading your sig, which is utterly devoid of context, to assume that you think Lincoln's assassination was just, and therefore that you think his ending of slavery was unjust.

      I'll just go straight to Godwin here (though of course Boothe and Hitler have little to do with each other, but the larger point is equally relevant) and say that if Hitler had won WWII, modern European history would most likely be proclaiming his greatness for uniting and racially purifying Europe. Would you use this as an example of the same point?

    105. Re:well, well... by nurb432 · · Score: 1

      Dont want to spoon feed them.

      --
      ---- Booth was a patriot ----
    106. Re:well, well... by nurb432 · · Score: 1

      I never said i did or didn't approve. I'm trying to stay away from that judgment call, as either side would just provoke an argument with people, which is not my intent.

      To answer your question, if Hitler had won, yes i do think he would be considered 'great' as the Nazis would be writing history.( assuming i was still here and hadn't been wiped out of course )

      --
      ---- Booth was a patriot ----
    107. Re:well, well... by iminplaya · · Score: 1

      Damn! I thought I replied to this. Try again...

      Most of them came from Harry J. Anslinger who was made director of the Federal Bureau of Narcotics, a division of the Treasury Department created in 1930. He kept the job until 1962. And you know who was Director of the FBI at that time, right? Yep, none other than that famous cross dresser himself, J. Edgar Hoover. Fun times were had by all. It should give you a clue of the motivation behind many of the laws we have on the books today.

      --
      What?
    108. Re:well, well... by L+Boom · · Score: 1

      Support is implicit because you included it in your comment, though. You're volunteering information here, so without any further clues or context a reader can only assume the viewpoint you share is your own. To put it another way, I'll give a new sig a trial run right below:

      ---- Anyone flying a Condederate flag should be hanged as a traitor. ----

      This could be some kind of ironic, double-backflip meta-commentary, but without any other clues, you could only assume that I said I meant: "Anyone flying a Condederate flag should be hanged as a traitor." Likewise with your sig.

    109. Re:well, well... by gurps_npc · · Score: 1
      There is something called selective enforcement that you are ignoring.

      Step 1 .Create a law that everyone violates. Example: traffic speed limits. In most areas of the country, 99% of the time, people are exceeding the speed limits. Particularly in 55 MPH zones.

      Step 2. Arrest and charge just the people you dislike. For example, when it comes to traffic tickets, women are about three times like to get a warning than a man is. Particularly hot, 20 year old women. Surprise surprise, you get wierd statistics.

      Step 3. Have some shmuck say "Then don't speed."

      Our president admits to drug use when he was younger. HEAVY drug use, not light stuff. In 1972, arrested for cocaine possession.

      George W Bush is just as guilty as a LOT of people currently in jail. THAT is society's fault.

      Now, I am not saying that the proper fix is to let all the criminals out. What I am saying is that it is not as clear-cut as you would like it to be.

      Honestly, I think this country would be a LOT better off if buying, using and selling pot was legallized and everyone, black or white that was arrested for cocaine use was sent to prison for at least one year. At the very least, Bush would not have gotten elected president.

      --
      excitingthingstodo.blogspot.com
    110. Re:well, well... by Anonymous Coward · · Score: 0

      "never attribute to malice what can be adequately explained by incompetence"

      Anything can be (quite easily) explained by incompetence. Johnnie raped someone? He's not competent enough to control his bodily urges! Bushie started a war? He isn't even an adult, let him play. John Doe is an identity thief? He's socially incompetent, and thus tries to get into society by stealing identities! <insert any amount of examples here>

      Incompetence is just a ridiculous excuse. Remember: The phrase was written in a book about Murphy's Law and thus should be reserved for circumstances which deserve it; i.e. Epic Fail.

    111. Re:well, well... by nurb432 · · Score: 1

      No, I don't think that is a fair comparison.

      But we are way OT so ill not continue.

      --
      ---- Booth was a patriot ----
    112. Re:well, well... by Stanistani · · Score: 1

      It's too bad... I'm sure a lot of folks won't see your posts either, then.

    113. Re:well, well... by angel'o'sphere · · Score: 1


      Why should it have to be fair? if one segment of the population just happens to commit and get caught more often, thats just how it is. There isn't some hidden agenda or magic happening.

      Of course there is! And that is exactly the problem, not only that there is (as you call it) a hidden agenda, but that you are to blind to see it.

      Gedankenexperiment: just exchane the colours of all black and white people in the USA. Now watch your statistics. Surprisingly you have to exchange the terms "black" and "white" in your statistic documents as well.

      It is not the colour of your skin that makes you more criminal or less, it is the social environment you are living in: chances on education, chances on a job, wages, health care, housing.

      The majority of black people in he USA are *poor* ... *damn bad ass poor* ... they have no education, they have no chance to get an education, they live in ghettos, they go to black schools, not to "normal" schools, they go to black colleges not to normal colleges, they live in an *environment* where crime is breeding, they get drawn into crime ... should I really continue?

      When the nice town New Orleans was drowning, you had the highways full with cars, more or less all stuck in a traffic jam ... nearly EVERYONE on those cars where white! And then you had the thousands of blacks to poor to own a car walking along the roads to get out of the town.

      And on top of that you see a parking area full with school busses, literally 100ds, and the parking area is under water, the busses drowned ... no one came to the idea to use the busses to evacuate the people ... how astonishing.

      Obviously you live in the USA and you are to lazy or blind to watch and judge your own news. It is really astonishing that some outside has to point out stuff like that above.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    114. Re:well, well... by angel'o'sphere · · Score: 1

      Note that it doesn't really matter whether the actual fingerprints were a perfect match or not. What matters is that the FBI lab said they were.

      Indeed! That is one of the really annoying problems in that legal system. Some expert gives a testimony and it does not really matter on what that is based.

      In the case you gave the "finger print" was not a finger print but a very small part of it, like to parallel orientated letter T signs.

      The finger print expert only could full heartily say: well, the sample we have in our archive also has a spot with two parallel T signs!!! But he concluded: the little useless sample is a part of the archived fingerprint. So he concluded a match!! Incredible or not?

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  2. DNA can disprove only by jackb_guppy · · Score: 4, Insightful

    Unless the crime labs start encoding the full DNA sequence, even then identical twins will duplicate, the best DNA, for that matter finger prints, can do is prove it is *NOT* that person.

    1. Re:DNA can disprove only by Anonymous Coward · · Score: 0

      Unless the crime labs start encoding the full DNA sequence, even then identical twins will duplicate, the best DNA, for that matter finger prints, can do is prove it is *NOT* that person.

      Thus the prosecution should be barred from bringing in experts to say more then "we have ( not ) been able to eliminate this person as a suspect via DNA testing" and there after have to rely on more concrete evidence.

    2. Re:DNA can disprove only by wronskyMan · · Score: 5, Informative

      DNA and fingerprints are useful in conjunction with other evidence, just as any other type of forensic or circumstantial evidence is. If someone passed out and died during a movie from a blow dart, for example, it would not be prudent to arrest a random person if they had tickets to the movie; similarly, if there is a particular DNA profile on the dart that 10,000 people match, those 10K should not be brought in. However, if someone had tickets to the movie && matched the DNA it would probably be a good idea to bring them in. CSI type shows are partly to blame - the average citizen on the jury trusts scientific evidence on its own far too much instead of the old detective story trio of means, motive and opportunity (forensics cannot help at all with the second).

      --
      --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
    3. Re:DNA can disprove only by Anonymous Coward · · Score: 0

      However, if someone had tickets to the movie && matched the DNA

      However neither piece of information should be in any database, anywhere. Creating such a seach would be a fishing expedition, having the pools stocked to fish in like that would require and Orwellian state, which we are getting far too close to already. Could lock the doors and sample everyone on the way out if you want to allow such abuse, but don't forget, even a 100% DNA match in such a case would not be proof as it could have been planted for the purposes of framing.

    4. Re:DNA can disprove only by jackb_guppy · · Score: 0

      Still sloppy.

      Just because they had a ticket to show and matching DNA proves nothing. What about the maintenance crew, the camera guy, the people with tickets to other shows, the guy that stayed in the bathroom from an earlier showing, ...

      This stuff is again only useful to exclude.

      Include may be helpful, but there are too many unknowns, even in your simple example.

    5. Re:DNA can disprove only by SL+Baur · · Score: 1

      If someone passed out and died during a movie from a blow dart, for example, it would not be prudent to arrest a random person if they had tickets to the movie; similarly, if there is a particular DNA profile on the dart that 10,000 people match, those 10K should not be brought in.

      This is extraordinarily insightful. By the same logic, one can condemn the "no fly" potential terrorist list, which has in fact, caught no one and was no doubt accumulated in a similar fashion.

    6. Re:DNA can disprove only by Repossessed · · Score: 1

      The problem I've always had with means motive and opportunity, is that you've only established that they *might* have done it. Admittedly, the three are important, since if one can be established to be false, then the accused probably didn't do it, but just MM&O seems sloppy.

      --
      Liberte, Egalite, Fraternite (TM)
    7. Re:DNA can disprove only by Anonymous Coward · · Score: 0

      Besides encoding the entire DNA sequence and scanning in realtime being put a side. Remember that with epidna even identical twins will have different DNA. This is a hard problem, that will cause a refocus on the use of CODUS to be one of giving an insight into individuals that should be further examined/investigated for a given crime. Science continues to move forward and so will the applications of it in investigative techniques.

    8. Re:DNA can disprove only by Anonymous Coward · · Score: 0

      You're right, but this is right only in countries that have a REAL, CIVILISED legal system. Not in U.S...

    9. Re:DNA can disprove only by RightSaidFred99 · · Score: 1
      You don't seem to understand "evidence". It's based on probabilities. The evidence he posited may or may not be enough to convict on its own, but it would certainly come close either way and would be enough to arrest and serve warrants.

      If you can show me someone with DNA with a 1/10k DNA match and they were at the theater, you're 75% there on your case. Then you look for motives and other evidence to compound that evidence.

    10. Re:DNA can disprove only by kitgerrits · · Score: 1

      Something tells me there are not enough detectives to find means, motive and opportunity for every crime.

      Trial by Computer is the most cost-effective way of sentencing.
      A/ because they didn't include the software to request appesl (that would have cost extra)
      B/ because it keeps the IT sector healthy
      (code-monkeys in India, factories in Taiwan, O/S vendors in the US and admins in the US)

      --
      "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    11. Re:DNA can disprove only by Znork · · Score: 1

      Complete DNA sequences may not match anyway; eventually you get such a good discrimination that you'll start seeing variance within the body.

      I'm glad they're finally figuring this out tho; if anything, it makes it obvious exactly how idiotic mass registration of DNA is. The more irrelevant samples you add to the database the less valuable it becomes; eventually most results you'll get will be false matches.

    12. Re:DNA can disprove only by Hektor_Troy · · Score: 2, Interesting

      CSI type shows are partly to blame

      Very true. When's the last time you saw any kind of cop show, where they admitted to have screwed up? I can only remember it being done in Numb3ers in two episodes. One and a half actually, because only one of the shows talked about the fingerprints being misidentifed and the wrong guy being thrown in jail. The other was just a wrong assumption on their parts resulting in a manhunt.

      Hell, I'd love for a show like 24 to have Jack Bauer or whomever torture the wrong guy for hours on end only to finally realise "woops - wrong guy. Guess the stuff he admitted to was just to get out of more beatings"

      --
      We do not live in the 21st century. We live in the 20 second century.
    13. Re:DNA can disprove only by Mike1024 · · Score: 1

      CSI type shows are partly to blame - the average citizen on the jury trusts scientific evidence on its own far too much instead of the old detective story trio of means, motive and opportunity (forensics cannot help at all with the second).

      If a jury was told by an informed, impartial expert that DNA evidence indicated guilt with a false positive rate of only 1 in 113 billion, I'd be more worried if they didn't trust that evidence than if they did.

      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    14. Re:DNA can disprove only by jackb_guppy · · Score: 1

      So we are back to placing innocents in jail. You get 75% there and go find (or make) a window treatment to make your case. Instead of making your case based on real evidence.

    15. Re:DNA can disprove only by cfulmer · · Score: 1

      It can do more than that. Let's say that there are only two people who were around a murder victim at the time of the murder, both of whom have motives, but only one of them have a DNA match to residue on the murder weapon.

      Sure, it maybe that a handful of other people would come up with a DNA match. But, if none of those other people could have committed the crime, there's a good chance that the one you have did it.

      Police departments do not do this: "Get DNA from the crime scene. Get a match from a DNA search. Charge that person." The suspect is usually identified long before the DNA search happens. And then, they usually only do a comparison of that suspect's DNA with the crime scene DNA. Going to court with ONLY DNA evidence is not a winning strategy.

    16. Re:DNA can disprove only by DavidTC · · Score: 1

      The No Fly list is not intended to catch no one, it is intended to make terrorists fly under different assumed names.

      Or, um, something like that. No one's really sure.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    17. Re:DNA can disprove only by zippthorne · · Score: 1

      75% is not so great, but you can never be at 100% unless the person commits the act in the courtroom during the trial. And even then, the trial for that crime won't be 100%.

      But you can get "beyond a reasonable doubt." And if that means several pieces of evidence which are each independently* 75%, then your final "probability" can have several 9s of certainty.

      *and therefore are probabilities/filters that can be multiplied.

      Judge Blackstone suggested that a false acquittal rate of 90% would be acceptable, and by implication that a false conviction rate of unknown but non-zero fraction would also be acceptable (or he wouldn't have said ten for one. He'd have said, "all"), and though I'd suggest that the "acceptable" false conviction rate should be lower now than whatever it was in the sixteenth century, what with the quality of evidence we are now able gather, the nature of a justice system means you're going to have to accept some number of false convictions to have any kind of system at all.

      That doesn't mean you have to like it, of course, and it would be massively unethical to deliberately avoid taking steps to improve or at the very least, quantify, the false conviction rate.

      Also, in a partially filled movie theater with 75 people, you're 75% there on your case with a 1/10k DNA match. If there were five people, you're 99.8% there. At some point you're going to reach a point where your doubt is unreasonable, and you're just holding on to whatever tenuous claim you can muster that Hans wasn't a murderer because you identify with fellow geeks.

      --
      Can you be Even More Awesome?!
    18. Re:DNA can disprove only by zippthorne · · Score: 1

      Whoops.. in the last paragraph, I think I used the wrong method to calculate the probabilities. I used the "birthday" formula, to approximate the probability that at least two people in the theater had the same DNA rather than calculating the odds that exactly one person in the theater would have precisely the DNA in the sample. Which is a similar problem, but one that I can't recall how to do at the moment.

      More importantly, the argument holds, because the relative numbers are similar. The more people in the theater, the worse your DNA evidence becomes, but if you have a good estimate on how bad, you've still got evidence that you can use.

      --
      Can you be Even More Awesome?!
    19. Re:DNA can disprove only by RightSaidFred99 · · Score: 1

      It is real evidence, you just don't understand it correctly. You take a bunch of evidence, some weak, some strong, etc... You multiply the odds of it occurring and you decide guilt. So maybe I have 10 pieces of evidence. No single one is enough to really prove anything, alone. Taken together, only an idiot or an Ignatow juror (well, that's redundant) would still claim innocence.

    20. Re:DNA can disprove only by HiThere · · Score: 1

      Sorry, but you're wrong about identical twins. Identical twins almost always have different DNA (though not VERY different). OTOH, to detect this you need to count the number of repetitions in some sections of highly repetitive DNA. Generally either one will have some deletions, or will have some extra duplications. Or both will have different changes.

      Presumably sometimes this won't happen, and one would need to check for epigenentic marking differences. (Patterns of methylation or such.) Possibly some times they would actually be the same, but it's never been detected when closely examined (of course, that hasn't been done very often. [Twice?]).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    21. Re:DNA can disprove only by HiThere · · Score: 1

      You don't think it might be a legitimate belief that they were being lied to? If not, why not?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    22. Re:DNA can disprove only by johnnyb · · Score: 1

      Just to be pedantic, it has been recently shown that identical twins do not share the exact same DNA.

    23. Re:DNA can disprove only by gknoy · · Score: 1

      I've seen many Law and Order (stop laughing! ;)) and I believe even a CSI episode or two where they've "found" someone, early on. It goes to trial, and then then find out LATER that it wasn't that person, but rather someone else. New evidence, someone confesses, something. In Law and Order, especially, this seems to happen enough that I tend to say, "well, it's only 20 minutes in -- this might not be the guy". They'll then go after that other person.

      The original suspect usually isn't mentioned (or sometimes the twist happens at the end), but it's clear that they DO make mistakes (or, as it's played out, operate on the information that they have, which isn't always complete), and work to rectify it.

      Clearly, spending $40k or more on a defense attorney for something you didn't commit is something which is hard to rectify. That does suck -- but at least in fictional TV shows the cops / DAs attempt to get the Right Guy.

  3. This is why the death penalty is a bad idea. by Erris · · Score: 4, Insightful

    It is hard to believe the FBI won't do the study to get real numbers, but we've been here before. These are the same people who presented bullet lead evidence with equal certainty. The science is impressive but it means nothing when your original premise is wrong. In the bullet lead case, it turns out that matches were common and single boxes often had differences. The coincidence between two people is good reason to review the data and make sure DNA statistics are correct. Until that is done, the odds of DNA matches should be looked on with great skepticism.

    It's screw ups like this that make the death penalty a bad idea. While life in prison is a terrible punishment, perhaps more cruel than death, it gives the state a chance to fix its mistakes.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:This is why the death penalty is a bad idea. by fyngyrz · · Score: 0

      Ex-#$%^-ing-zactly.

      --
      I've fallen off your lawn, and I can't get up.
    2. Re:This is why the death penalty is a bad idea. by jd · · Score: 1
      Well, I'd argue it's not the only reason death is a bad idea. Ghosts don't do a very good job at restitution, for starters, and that's ignoring all the ethical arguments. But you're absolutely correct that whilst the probability of error is indeterminate (well, nobody's being allowed to validate the database) and quite possibly excessive (there are currently one million SNPs tested at deCODEme, not sure how many SNPs or markers are looked at by the FBI - assuming they're that sophisticated and aren't just using the archaic chromatographic techniques for producing rather dull and uninformative photographic images).

      Now, one might argue that if the FBI started doing a thorough analysis of DNA, it could do all kinds of nasty things to privacy. True enough, if they store the raw data. However, that would be insanely dumb and they wouldn't do that, would they...? Far more efficient to store multiple cryptographic hashes (eg: SHA512, Whirlpool and Tiger), so that the raw values are not present but the ability to match with no additional risk of aliasing is still present.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:This is why the death penalty is a bad idea. by Anonymous Coward · · Score: 0
      This message was brought to you by Microsoft marketing.

      Normal service will resume after the break.

    4. Re:This is why the death penalty is a bad idea. by aynoknman · · Score: 5, Insightful

      It's screw ups like this that make the death penalty a bad idea. While life in prison is a terrible punishment, perhaps more cruel than death, it gives the state a chance to fix its mistakes.

      Falsely sending a person to prison cannot be 'fixed', only perhaps ameliorated. The frequent unfunny jokes about homosexual rape in prison show that not only the conviction system is out of control, but the punishment system is as well.

      --
      We need a "+1 -- nice sig" moderation.
    5. Re:This is why the death penalty is a bad idea. by eric76 · · Score: 2, Insightful

      In theory, we send people to prison as punishment, not for punishment.

      At least, that should be our goal.

      The actuality is much, much, much more horrific.

    6. Re:This is why the death penalty is a bad idea. by Scrameustache · · Score: 1

      It is hard to believe the FBI won't do the study to get real numbers, but we've been here before. These are the same people who presented bullet lead evidence with equal certainty.

      If they've done it before, why would it be hard to believe they're doing it again???

      --

      You can't take the sky from me...

    7. Re:This is why the death penalty is a bad idea. by Domo-Sun · · Score: 0, Troll

      The frequent unfunny jokes about homosexual rape in prison show that not only the conviction system is out of control, but the punishment system is as well.

      Hey, don't knock it till you've tried it. This is also a joke.

    8. Re:This is why the death penalty is a bad idea. by nasor · · Score: 3, Insightful

      As a juror it's not clear to me how I'm *ever* supposed to avoid having reasonable doubt. It's very well-established that the reliability of eye witness testimony is terrible. As a chemist, I've always been partial to forensic evidence. But now apparently there's a substantial chance that even quantitative forensics tests like DNA analysis, bullet lead analysis, or fingerprints are bullshit. So what's left? Even with an advanced degree in chemistry, I'm not likely to be able to research and evaluate a forensic procedure well enough to know if the prosecutor and/or lab technicians aren't pulling some sort of shenanigans. In the past I would have been inclined to simply assume that an established forensic procedure was trustworthy, but now that clearly isn't the case.

    9. Re:This is why the death penalty is a bad idea. by Anonymous Coward · · Score: 1, Insightful

      In theory, we send people to prison as punishment, not for punishment.

      You send people to prison for many reasons:

      1. punishment
      2. to set an example for others
      3. rehabilitation
      4. to protect the public

      All four have different levels of success.

    10. Re:This is why the death penalty is a bad idea. by Anonymous Coward · · Score: 0

      "it gives the state a chance to fix its mistakes."

      How exactly do you fix sending someone to prison for 30 years? It gives the state a chance to let them out before they die and possibly give them a token amount of money, but it does not fix the mistake.

    11. Re:This is why the death penalty is a bad idea. by CAIMLAS · · Score: 1

      This hsa nothing to do with whether or not the death penalty is a good idea.

      There are a LOT of other factors in convicting someone. All that needs to change is how DNA is looked at by the public and officials. That's a pretty steep order to how DNA testing hsa been touted as perfect for decades. But the fact remains that many, many cases are decided by irrefuteable facts: means, motive, and opportunity all fall in line, and have to do so in a very consistent manner, in order for a death penalty conviction to pass. And that's even only in cases of extreme callousness in the act of the crime. Contract killers don't even get the death penalty.

      The burden for the death penalty is very high.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    12. Re:This is why the death penalty is a bad idea. by sjames · · Score: 4, Insightful

      The findings in CODIS are truly staggering! While the odds of a false match are supposed to be only 1 in 113 BILLION, a search over only 65,000 records turned up 122 matches! About 1 in 533!!

      That's not a little glitch or merely "surprising", that's the difference between a match meaning you are 100% the person who was there to you are one of the 7500 residents of a decent sized metro area who might have been there! Further, you're one in half a million in the U.S. who might have been there. One in 12 million worldwide.

      It also means that every conviction ever made primarily on the strength of DNA evidence must now be reviewed and even re-tried if justice is at all a consideration.

      While, given that this is a metric crapload of egg on the FBI's face, I can understand why they wouldn't want this to be true, if justice was anywhere at all within their objectives, they'd be all for further testing. They'd also want a moratorium on DNA based convictions while they sort this out.

      The attempts by the FBI to explain this away based on the way the data was searched sound like desperation. They try to make it sound like this finding is an artifact of the search methodology rather than genuine collisions. They are right that this actually represents 4 billion searches, but even if so, that should provide a 1 in 25 chance of a single match according to the figures they claim. Instead, we have 122 matches. Calling those 4 billion comparisons searches is disingenuous however, any search on the Arizona database would be 65,000 comparisons.

      Their rather heavy handed attempts to block all further research are simply inexcusable. It tells me that in spite of their weak excuses, they are well aware of just how damning this actually is.

      The upshot of all of this is that DNA is best used as EXCLUSIONARY evidence. If you don't match, it wasn't you period. If you do, it MAY have been you. It's a good way to narrow down a list of suspects or even come up with a list to examine closer (it may or may not be enough by itself to be probable cause).

      If there's additional evidence, it may add up to beyond reasonable doubt.

      It bears repeating: If the FBI had any interest whatsoever in justice, they'd be the first to examine this more closely. If the DOJ had any interest in justice whatsoever, it would insist that they do it now.

    13. Re:This is why the death penalty is a bad idea. by Falconhell · · Score: 0

      Would you please stop your pathetic rantings about twitter, no one gives a flying fuck.

    14. Re:This is why the death penalty is a bad idea. by elgaard · · Score: 2, Insightful

      Being a chemist you will know to apply conditional probabilites

      I.e. did they find the defendant only by searching the database for a DNA-match?

      Or is he/she also one of a small group of people that can be linked to the crimescene?

      If they search the database and find one match, what are the probabilty
      that someone not in the database also have a matching profile?

    15. Re:This is why the death penalty is a bad idea. by fyngyrz · · Score: 1

      Convicting people on probabilities, rather than proof, is not a good plan. The down side of a probability is that it goes the other way; for instance, if you're 99% on the "guilty" side, there's a 1% chance you're completely wrong. If you don't have 100% solid evidence, you don't have evidence at all, as far as I'm concerned. I've personally seen the system go the wrong way to my certain knowledge; it is beyond tragic, and it does NOT make up for whatever happened. And has been pointed out, the damage done to the innocent by such a conviction cannot be rectified.

      --
      I've fallen off your lawn, and I can't get up.
    16. Re:This is why the death penalty is a bad idea. by sjames · · Score: 1

      It's an unfortunate problem. IF (and it's a really big IF) I felt I could trust that the lab techniques were carried out with appropriate rigor and scientific detachment AND that the strength of the findings was being fairly represented, then a combination of forensic findings especially coupled with circumstantial evidence and apparent motive (provided I can also trust that those are being fairly represented), then I could probably reach sufficient certainty.

      Unfortunately, evidence suggests that I cannot trust in any of that. FBI techs have testified in court that they VOTE on the interpretation of inconclusive scientific evidence (so, there is no scientific rigor). The evidence here suggests that the FBI is actively attempting to suppress further inquiry into a HUGE finding about the value of a DNA match (so there is no detachment).

      Coupled with so many prosecutors demonstrating a similar casual disregard for justice, I guess neither you nor I CAN ever be beyond reasonable doubt unless or until we see equal evidence of a comprehensive reform within law enforcement and the "justice" system.

    17. Re:This is why the death penalty is a bad idea. by rcamans · · Score: 1

      The Feds also stood behind lie detectors, as well.The fact is, the FBI, like every other law enforcement agency, is looking for ways to make their jobs easier, and for ways to look better. they don't spend much time or effort figuring out the difference between the two different priorities.

      --
      wake up and hold your nose
    18. Re:This is why the death penalty is a bad idea. by blitziod · · Score: 2, Interesting

      one of the key witnesses for the OJ trial, I forget his name, had said that DNA was a great tool for excluding suspects BUT not good enough to ID them. He was a noble prize winner for his work inventing PCR dna tech. Of course everyone dismissed him at the time as a hired gun for OJ, I guess he gets the last laugh today!

      --
      The only way to bust a doper--is when you yourself become a smoker!
    19. Re:This is why the death penalty is a bad idea. by timmarhy · · Score: 1

      wait so what are you proposing? that if there is the slightest doubt some scum bag raped a little girl we should let him go? your all missing the REASONABLE part in "reasonable doubt". it's isn't beyond all doubt or any doubt, it's reasonable. i'm betting if you have DNA matches, witnesses at the scene and some other evidence linking your suspect to the crime, he's your man.

      --
      If you mod me down, I will become more powerful than you can imagine....
    20. Re:This is why the death penalty is a bad idea. by anyGould · · Score: 2, Insightful
      Try the other way: If you were the accused "scum bag", and you're being convicted because the genetic lottery says you're "close enough" to the DNA found on scene, wouldn't you want the math to be exact?

      Justice isn't just about punishing the guilty - it's about exonerating the innocent as well. Any time we say "meh, good enough", we've done ourselves a disservice.

    21. Re:This is why the death penalty is a bad idea. by fyngyrz · · Score: 1

      I'm proposing the radical idea that unless we know he is "the scumbag", we let him go, yes.

      Otherwise, two things happen. (1) We punish the wrong person, and (2) the actual criminal goes free, because once there is a conviction, THEY STOP PURSUING THE CASE. The current system is broken by design.

      Reasonable doubt isn't good enough. As this very subject - DNA testing - has roundly proven.

      --
      I've fallen off your lawn, and I can't get up.
    22. Re:This is why the death penalty is a bad idea. by randyleepublic · · Score: 0
      "No doubt" is an impossible standard. No one would ever get convicted of anything. So one accepts that with the reasonable doubt standard innocent parties will be convicted and undeservedly punished. There is no workable alternative. But, this is why the death penalty is wrong. It is inevitable that innocent parties will be convicted, so, we should only imprison them. At least then the innocent convicted murderers would have a chance to someday go free.

      AND the prisons should be emptied of non-criminals like drug dealers and addicts. Then we could concentrate on the few people left to provide real rehabilitation. It is possible, but not without a complete restructuring of the "system." This has been proved for years at the Delancey Street Foundation.

      --
      Social Credit would solve everything...
    23. Re:This is why the death penalty is a bad idea. by Ihlosi · · Score: 1
      How exactly do you fix sending someone to prison for 30 years? It gives the state a chance to let them out before they die and possibly give them a token amount of money, but it does not fix the mistake.

      Giving them more than a token amount would be a start. It's also a good motivation to be a little more diligent about convictions from now on. Apologies are cheap, large sums of money are harder to forget.

    24. Re:This is why the death penalty is a bad idea. by Downside · · Score: 1

      While the odds of a false match are supposed to be only 1 in 113 BILLION, a search over only 65,000 records turned up 122 matches! About 1 in 533!!

      FTA

      "Troyer compared all 65,000 profiles in Arizona's database to each other, resulting in about 2 billion comparisons."

    25. Re:This is why the death penalty is a bad idea. by sjames · · Score: 1

      Like many, I was interpreting the FBI's much touted figure as per search rather than per comparison.

      Even so, 2 billion comparisons turned up 122 false matches. That makes the odds 1 in 16 million. That is, the FBI's number is off by four orders of magnitude. That's not even in the neighborhood of right.

      That 4 orders of magnitude is the difference between "false matches amongst non relatives don't happen", which is what the FBI testifies to in court, and "false matches are fairly common", which is what the Arizona research shows.

      If we extrapolate to the full 6 million records, we should expect to see about 2 million false matches!

    26. Re:This is why the death penalty is a bad idea. by kalirion · · Score: 1

      The findings in CODIS are truly staggering! While the odds of a false match are supposed to be only 1 in 113 BILLION, a search over only 65,000 records turned up 122 matches! About 1 in 533!!

      Which just means that CODIS was really really lucky!

      Seriously though, I wonder, could they just use more markers? I mean obviously non-twins would have different DNA, you just need a better comparison, right? And of course just adding the markers needed to check whether the person is black or white would not be enough.

    27. Re:This is why the death penalty is a bad idea. by sjames · · Score: 1

      There were quite a few gems from the OJ trial. It's unfortunate that people could not seperatye the issues of his guilt and the proof of his guilt.

      That is, most believed he was guilty, and so gave the prosecution's testimony a pass while focusing on the extremely innovative and tenacious defense tactics (which, BTW, most of us cannot benefit from).

      Had they not done that, they would see that the prosecution lost because the forensic collection and analysis was so incredibly sloppy and UN-scientific that the defense was able to impeach all of it.

      Since they must have known that this would be extremely high profile and that they would inevitably face a high dollar defense team, one might expect them all to be on their "best behavior". I'd hate to see what their more typical procedure is like if that was the best they could do!

    28. Re:This is why the death penalty is a bad idea. by Anonymous Coward · · Score: 0

      You are assuming that the issue is that the DNA might be more similar than thought.

      It might simply be that the FBI has altered the DNA in the database, and they don't want it exposed that they have actually been tampering with evidence to garner more convictions.

      Example: Their inside informant leaves DNA at a crime scene. In order to hide informant, they replace the DNA sample taken from the person they want to convict with the informant's DNA.

    29. Re:This is why the death penalty is a bad idea. by sjames · · Score: 1

      It seems likely that more loci would mostly resolve the issue from a statistical standpoint.

      However, the rather large credibility gap for the FBI may be a lot harder to close. Even that presumes they can bring themselves to do what is necessary to close that gap. Since they're working furiously to sweep this under the rug, that seems unlikely.

      Unless the FBI can thoroughly account for how they might have honestly made this large of a mistake in their statistics while working with a rigor appropriate to "scientific evidence" and procedures, they should (but probably won't) face thousands of perjury charges.

      If a significant number of convictions are not at least reviewed, the dedication of the courts and the DOJ to justice would reasonably be called into question. I'm predicting a massive effort (mostly not covered in the press) to paper this over quietly

    30. Re:This is why the death penalty is a bad idea. by againjj · · Score: 1

      The upshot of all of this is that DNA is best used as EXCLUSIONARY evidence. If you don't match, it wasn't you period. If you do, it MAY have been you. It's a good way to narrow down a list of suspects or even come up with a list to examine closer (it may or may not be enough by itself to be probable cause).

      Unless a chimera is involved, like Lydia Fairchild.

    31. Re:This is why the death penalty is a bad idea. by sjames · · Score: 1

      That's a very important point. Even as exclusionary evidence it is strong but fallible in some cases. The case you cite was very nearly a miscarriage of justice brought about by trusting DNA above all other evidence. It's fortunate that she happened to be near term at the time and that the judge was thorough enough to get to the truth.

      Perhaps I should say that DNA can introduce reasonable doubt but cannot remove it.

    32. Re:This is why the death penalty is a bad idea. by Anonymous Coward · · Score: 0

      Well the government probably doesn't have the funding to fix this issue, after spending over $16 million on "comfort capsules" for the elite military personnel.

      http://news.slashdot.org/article.pl?sid=08/07/19/1629247&from=rss

  4. Transparent government by Anonymous Coward · · Score: 5, Interesting

    Please support radical transparency and open source the government.

    If everything is out in the open, there can be no hiding.

    1. Re:Transparent government by Anonymous Coward · · Score: 0

      The metagovernment project looks like our best bet for getting this done in the real world.

    2. Re:Transparent government by Anonymous Coward · · Score: 0

      I think those sorts of things are usually about the lawmakers. FBI is a law-enforcer.

    3. Re:Transparent government by ColdWetDog · · Score: 4, Funny

      If everything is out in the open, there can be no hiding.

      Everything, I suppose, but your nic.

      --
      Faster! Faster! Faster would be better!
    4. Re:Transparent government by Jah-Wren+Ryel · · Score: 2, Informative

      Everything, I suppose, but your nic.

      Since presumably he is not a member of the government, "radical transparency" does not apply to his identity.

      --
      When information is power, privacy is freedom.
    5. Re:Transparent government by bogomipz · · Score: 1

      Maybe now, slashdotters understand that they should have voted "Law" in the resent poll "What Would Benefit Most By Adopting an Open-Source Development Method?"

      Anything can be fixed by Law. FBI refuses to let scientists analyze the accuracy of their DNA statistics? Simply introduce a law that forces them to open up their DNA databases.

      Only problem, of course, is that everybody will have equal powers over the law, including FBI people and other crooks.

    6. Re:Transparent government by Quicksilver_Johny · · Score: 1

      Only problem, of course, is that everybody will have equal powers over the law, including FBI people and other crooks.

      But why shouldn't they, if everyone else does? The majority will simply overpower them.
      I like open source style Direct Democracy a lot, but it does have the problem of the majority oppressing the minority. Better than the minority oppressing the majority, though, I suppose.

    7. Re:Transparent government by TheRaven64 · · Score: 1

      How do we know he's not a member of the government?

      --
      I am TheRaven on Soylent News
  5. False matches my ass. by Anonymous Coward · · Score: 0, Interesting

    This story is total scientifically illiterate bullshit. A 9-locus match between unrelated people is not surprising. That's why we don't sue only 9 loci, idiots! There has never yet been a 13-locus match seen between unrelated people in the national database- despite the 5 million or so profiles currently in it. I'm sure the average Slashdot reader can manage to work out how many pairwise comparisons that is. (Hint- it's a pretty fucking big number.)

    1. Re:False matches my ass. by jmauro · · Score: 3, Interesting

      if that's true why bother suppressing it and just let the do the comparisons. It'd be easy enough to bury them in regular scientific testing since the database would show that the hypothesis of these researchers is blatantly wrong and the only time being wasted is their time and not the FBI's.

    2. Re:False matches my ass. by NIckGorton · · Score: 5, Insightful

      There has never yet been a 13-locus match seen between unrelated people in the national database- despite the 5 million or so profiles currently in it. I'm sure the average Slashdot reader can manage to work out how many pairwise comparisons that is. (Hint- it's a pretty fucking big number.)

      Well it seems that your statement of 'never' is simply because that comparison has not been run, since the FBI is doing everything possible to prevent testing of that theory. If its so unimaginably rare, it would seem that the FBI would be all for doing these searches to bolster the value of their evidence. However the results in MD would seem to challenge that dogma.

      A 9-locus match between unrelated people is not surprising. That's why we don't sue only 9 loci, idiots!

      Well it seems that California prosecutors are idiots and were using a 9 locus match to prosecute a man for a 2 decade old murder. From TFA: "Its implications became clear as she prepared to defend a client accused of a 20-year-old rape and murder. A database search had found a nine-locus match between his DNA profile and semen found in the victim's body. Based on FBI estimates, the prosecutor said the odds of a coincidental match were as remote as 1 in 108 trillion." So just to explain why we 'idiots' would use a 9 locus match: DNA collected at a crime scene is not a complete genome. Often it is only fragments. You may not have a full 13 loci to check because the fragment you have would not cover all 13 loci. There is, however a statistical nicety here that you've completely side-stepped in your haste to call us morons (which TFA mentions). The likelihood of finding matches of 9 of the 9 you have in your genome fragment is far less than the likelihood of finding any two people in a database with 9 of any 9 of 13 loci that match.

    3. Re:False matches my ass. by Ichijo · · Score: 4, Interesting

      I match 12 out of 12 Y-DNA markers with 9 other people who have had their DNA tested. Based on our last names, none of us are related.

      I don't think you should be able to use blind searches of a DNA database as evidence, because it's too easy to get false positives. It's only useful evidence against someone you've already found by other means, or as a way to generate leads.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    4. Re:False matches my ass. by RightSaidFred99 · · Score: 1
      It's not used as evidence alone, it's used to generate leads and as part of a comprehensive set of evidence. Even if the odds of a DNA match in their DB were 1/50000 it would still be extremely useful.

      Find bloody knife, test it, get list of 600 people, narrow it down by location, age, criminal history, etc... and you can get a good starting place for the investigation.

    5. Re:False matches my ass. by Simply+Curious · · Score: 1

      There has never yet been a 13-locus match seen between unrelated people in the national database- despite the 5 million or so profiles currently in it.

      FTA:"In a database of fewer than 30,000 profiles, 32 pairs matched at nine or more loci. Three of those pairs were "perfect" matches, identical at 13 out of 13 loci."

    6. Re:False matches my ass. by Anonymous Coward · · Score: 0

      Totally irrelevant. Y chromosome markers aren't inherited anything like autosomal ones; there's no recombination on the Y. This is a hugely more likely event than matching at 12 autosomal STR loci.

    7. Re:False matches my ass. by Anonymous Coward · · Score: 0

      I happen to know, contrary to what the article says, that those WERE investigated and were duplicate submissions from the same person collected at different prison sentences (which are not uncommon- all state databases are constantly having to weed them out).

      But it's actually a bit surprising that we haven't seen one or two REAL adventitious 13-locus matches yet- on their face, the match probabilities as we calculate them predict that there should have been.But the calculations are in fact designed to overestimate the probability of a random match. And so, it seems, they do.

      Finally, both you and the reporter are confused about the difference between that chance that SOME pair of profiles in a database will match, and the chance that THIS PARTICULAR unknown profile will match a PARTICULAR profile in the database.

    8. Re:False matches my ass. by Anonymous Coward · · Score: 0

      You've got a valid point, but as others have mentioned, what if 9-loci matches are what is being used anyway?

      "A 9-locus match between unrelated people is not surprising."

      And if they are related? I mean, between adoptions, donations to egg and sperm banks, adultery, long geographically isolated populations and such, it is statistically possible for two people to be related without even knowing it, let alone the possibility that relatives tend to be geographically clustered and may be unrecognized suspects. What happens to the statistics then? Yes, it too is fantastically unlikely, but it must still happen sometimes, and then you've increased the odds of a match enormously because you've "spiked" the population with related DNA.

      Everything is founded on a random distribution in the population. What if it isn't? It should be possible to study this by comparing populations in geographically restricted areas with a limited founder population and seeing how the statistical assumptions hold up there versus a more "mixed" population centre. In the former situation I'd expect the odds of a random match between individuals in the population to be quite different -- the point being that the "odds of a random match" should probably change locally (e.g., would the odds of a match in, say, Iceland, be higher than in, say, New York?). I hope those sorts of studies have been done.

    9. Re:False matches my ass. by russotto · · Score: 1

      don't think you should be able to use blind searches of a DNA database as evidence, because it's too easy to get false positives. It's only useful evidence against someone you've already found by other means, or as a way to generate leads.

      A blind search of a DNA database is evidence, but it's much weaker evidence. If we assume the FBIs 1-in-113 billion number is true and uniform over the population, the chance of finding a match for a random DNA sample which is not already in the 6-million-member database is a little better than 1 in 20,000. Those odd are large but not staggering.

    10. Re:False matches my ass. by Anonymous Coward · · Score: 0

      "There has never yet been a 13-locus match seen between unrelated people..."

      RTFA.

      "In a database of fewer than 30,000 profiles, 32 pairs matched at nine or more loci. Three of those pairs were "perfect" matches, identical at 13 out of 13 loci.

      "Experts say they most likely are duplicates or belong to identical twins or brothers. It's also possible that one of the matches is between unrelated people -- defying odds as remote as 1 in 1 quadrillion.

      "Maryland officials never did the research to find out."

      P.S. If they are duplicates that's just sloppy record keeping at its most basic level.

  6. So, the 1:113 Billion estimate is wrong by gweihir · · Score: 3, Insightful

    Questions:

    1) How wrong is it?
    2) Why is it wrong?
    3) Who is responsible for this blunder?

    Quite possibley this can kill DNA evidence. Somebody was more interested in convictions than the truth here. Despicable.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 2, Interesting

      No, it's not wrong. There are over 5 million profiles in the national database. Any slashdot reader should be able to work out how many pairwise comparisons are made when a database that size is searched against itself, and what the expected number of hits is when the match probability is about 1 in 100 billion.

      This story is old news, and simply illustrates why we use 13 loci (average match probability around 1 in a quadrillion or less) and not 9. There has not been a 13-locus match between unrelated people in the database, confirming that the match probability estimates are indeed conservative as they're designed to be.

    2. Re:So, the 1:113 Billion estimate is wrong by teh+moges · · Score: 5, Informative

      I believe the problem with this is outlined in this article: http://en.wikipedia.org/wiki/Prosecutor's_fallacy

      Have a read. It shows that you can't trust statistics when you only have half of the picture, and why it can be so dangerous to do so.

    3. Re:So, the 1:113 Billion estimate is wrong by srjh · · Score: 4, Insightful

      Just thinking out loud here, but is it actually wrong?

      Even though the odds of sharing a birthday with a random person are about 1/365, if you have 23 people in a room, you are likely to have at least one "birthday" match. With about 60 people, it's almost a certainty.

      A back-of-the-envelope calculation gives me about half a million as the number of DNA samples required to give a 50/50 chance of having two people with matching DNA samples... but I might have messed up on that.

    4. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      I'm glad SOMEBODY gets it. Is it too much to exewct Slashdot readers to be numerate? (It's clearly too much to expect it of reporters.)

    5. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      1 in 113 billion doesn't mean it cannot happen. 1 in 113 billion doesn't mean you need 113 billion people to be on the face of the planet before a match is found.

      That's not to say that the estimate is right. But when something unlikely happens, your first response should not be "clearly it was not unlikely!"

    6. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      why we use 13 loci (average match probability around 1 in a quadrillion or less)

      So how many of the things they're looking for encode stuff like having 10 fingers, 2 legs, 2 eyes, etc?

      Has anyone actually looked to see if the patterns they're trying to match really vary all that much between humans, given that roughly 90% of our DNA is identical? Judging by this story, I'm guessing not, and the FBI is fighting to keep it that way.

    7. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 1, Informative

      It's not wrong (at least not by much).

      Well, a quick calculation shows that for 122 matches out of a database of 65,000 (2 billions pairwise comparisons) and 908 matches out of a database of 220,000 (24 billion comparisons) when looking for all pairs is about 1/20,000,000.

      Of course, this does not take into account that he's looking for any 9 matches out of 13. As the article mentioned, if any of the loci do not match, an overall mismatch is called. So the probabilities further go down because you need to have only the exact 9/13 loci to be available (since 10+ matches out of 13 are rare), which is 1/715. That gets us in the ballpark of 1/100 billion of having that kind of a match.

      Maybe the numbers are slightly off, but they don't seem wrong by much.

      They should've gotten a statistician to explain the results to any judge and jury who needed to hear it rather than fighting it tooth and nails like they did. Looks like the FBI doesn't understand it properly either, which is definitely worrisome.

      There's nothing to see here, just people who don't realize how statistics apply when dealing with a large number of comparisons.

    8. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      Of course they've looked. How could they calculate match probabilities without knowing allele frequencies? And these are not coding sequence, they're "junk" repetitive DNA which is highly variable.

    9. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      "1 in 113 billion doesn't mean you need 113 billion people to be on the face of the planet before a match is found."

      No. It means we need 113 billion people, plus one before we are guaranteed that two match. It's the pigeonhole principle.

    10. Re:So, the 1:113 Billion estimate is wrong by lordofwhee · · Score: 3, Insightful

      Since you're an expert on everything, why, then is the FBI blocking the attempts to study this? If they honestly believed the chances were that remote, they would be SPONSORING the fucking study, to PROVE they were right all along. What they're doing is an admission of guilt to anyone with three brain cells.

    11. Re:So, the 1:113 Billion estimate is wrong by falcon5768 · · Score: 1
      no its not likely it would kill DNA, because few people have ever been convicted on JUST DNA. There are lots of ways DNA can be present at a crime scene, it doesn't have to be because you pulled the trigger and defense lawyers are VERY good at getting this fact out there in such a way that rarely is there seen sufficient evidence unless there is lots of circumstantial evidence present that also point to the SAME guy.

      DNA is a tool, not the be all end all. Hell the juice left DNA at his wife's crime scene are we ALL saw on TV how he got off the hook despite DNA AND overwhelming evidence. I would not be singing the swan song on DNA yet, though I may see it used a lot less frequently as the sole piece of evidence to get a warrant.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    12. Re:So, the 1:113 Billion estimate is wrong by dotancohen · · Score: 2, Funny

      What they're doing is an admission of guilt to anyone with three brain cells.

      Not a problem when their jurisdiction is composed of citizens with an average of 2.71828 brain cells.

      --
      It is dangerous to be right when the government is wrong.
    13. Re:So, the 1:113 Billion estimate is wrong by Znork · · Score: 1

      There has not been a 13-locus match

      From TFA:
      'In a database of fewer than 30,000 profiles, 32 pairs matched at nine or more loci. Three of those pairs were "perfect" matches, identical at 13 out of 13 loci.'

    14. Re:So, the 1:113 Billion estimate is wrong by Anonymous Coward · · Score: 0

      It shows that you can't trust statistics when you only have half of the picture, and why it can be so dangerous to do so.

      Of course you can trust statistics. You just have to understand them...

    15. Re:So, the 1:113 Billion estimate is wrong by DavidTC · · Score: 1

      The problem isn't really people with matching DNA samples. Criminals would be very lucky to have that happen to them.

      The problem is people who are in the database, and match a sample, but did not do it, while the person who did do it is not in there.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    16. Re:So, the 1:113 Billion estimate is wrong by russotto · · Score: 1

      In a database of fewer than 30,000 profiles, 32 pairs matched at nine or more loci. Three of those pairs were "perfect" matches, identical at 13 out of 13 loci.

      Running the birthday problem "backwards":

      In a database of 30,000 profiles, 3 matches would be expected if the number of distinct "birthdays" was about 150 million, not 113 billion. That certainly does not support the FBIs claim. And a 9-loci match between people picked at random would happen 1 in 14 million times.

    17. Re:So, the 1:113 Billion estimate is wrong by Alsee · · Score: 1

      So, you're saying Americans are natural log-heads?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    18. Re:So, the 1:113 Billion estimate is wrong by gweihir · · Score: 1

      Actually I do not think that the probability is the issuse here. Even a one in 10'000 chance of an accidental match (taking into account the database size, you have one accidental match chance per database entry) would still be good evidence value. The problem I see here is the lies (or, if you want intentionally giving false information) by the FBI. And now they are trying to prevent studies. This can make DNA suspect, when it really is not. It is just not perfect for positive matches and other evidence has to be used in addition. That is fine.

      What is really amoral here is the FBIs tactics and their interest in convictions over truth. No law enforcement agency can do something like this and not be pretty corrupt.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    19. Re:So, the 1:113 Billion estimate is wrong by dotancohen · · Score: 1

      At least the bright ones. From wikipedia:

      Feynman played many jokes on colleagues. In one case he found the combination to a locked filing cabinet by trying the numbers a physicist would use (it proved to be 27-18-28 after the base of natural logarithms, e = 2.71828...), and found that the three filing cabinets where a colleague kept a set of atomic bomb research notes all had the same combination.

      --
      It is dangerous to be right when the government is wrong.
  7. Makes sense by Joking611 · · Score: 3, Interesting

    Why would they (law enforcement) not want there to be some doubt to DNA results? They're also being used to overturn old convictions. In the case of current investigations, there is also other information (fingerprints, etc.) to help match a suspect to a crime...

    --
    www.joking.net
  8. Michael Jackson by Lewrker · · Score: 0

    A few decades later.

  9. An example of the birthday problem by vrmlguy · · Score: 5, Insightful

    From the description, this seems like an example of the birthday problem. Briefly, in a group of 23 people the odds are 50-50 that two of them will have the same birthday, while in a group of 57 the odds are better than 99%. However, the odds that someone in the first group will share *your* birthday are far less, roughly 6.1%. Quoting the Wikipedia article, "For a greater than 50% chance that one person in a roomful of n people has the same birthday as you, n would need to be at least 253. Note that this number is significantly higher than 365/2 = 182.5: the reason is that it is likely that there are some birthday matches among the other people in the room."

    Likewise, the odds of there being two people with matching DNA in a database are far higher than the odds of someone else matching *your* DNA. So it seems possible that the FBI could be quoting accurate odds, while at the same time there being lots of matches within the database.

    --
    Nothing for 6-digit uids?
    1. Re:An example of the birthday problem by srjh · · Score: 2, Insightful

      So it seems possible that the FBI could be quoting accurate odds, while at the same time there being lots of matches within the database.

      The odds might be technically accurate, but are they the correct odds for the FBI to be selling?

      If a typical situation is having a suspect already in custody and then having the authorities run the suspect's DNA against a sample found at the crime scene, 110 billion is probably fair enough. If the authorities find some DNA and fish through the system for someone who matches, 110 billion is meaningless.

    2. Re:An example of the birthday problem by vrmlguy · · Score: 1

      The odds might be technically accurate, but are they the correct odds for the FBI to be selling?

      If a typical situation is having a suspect already in custody and then having the authorities run the suspect's DNA against a sample found at the crime scene, 110 billion is probably fair enough. If the authorities find some DNA and fish through the system for someone who matches, 110 billion is meaningless.

      Well, let's rephrase it as the birthday problem. Someone in a classroom left a tack on the teacher's chair. Unfortunately, the tack was originally the prize in some stupid contest and for some reason claims to list its owner's birthday.

      If there is someone you already suspect and their birthday matches, that's great. On the other hand, if there's only 23 people in the class and one has the same birthday as is shown on the tack, how sure are you that you've got the right person? Finally, if two people in the class share the same birthday (and remember, the odds are 50-50 that two such people exist), does this have any bearing on the preceding?

      --
      Nothing for 6-digit uids?
    3. Re:An example of the birthday problem by jd · · Score: 1

      You are probably correct, but fundamentally there are several questions here that that does not answer: First, is it ethical - or even legal - to withhold evidence from the defense? Essentially, if the defense cannot question the validity of the prosecution's match, then that is what the FBI is doing.

      Secondly, if the frequency of matches is such as to raise questions, should the FBI be gathering more detailed genetic information? If you do the birthday problem again, but this time instead of matching the same day, match the same hour, you get much lower probabilities of a match. Still high, though. So you go to the same minute. Probabilities drop further. You can keep going, as far as you like, until you run out of data or you reach an acceptable precision.

      Thirdly, should the way in which the evidence is presented be changed? Juries are going to be swayed by "experts" that tout unimaginably low probabilities of a wrong result, especially in horrific cases when the jury WANTS someone to be punished, but if that claim is invalid, then juries should be presented by something far more honest.

      Lastly, if the testing method is at fault, then more stringent testing should be insisted upon for all DNA tests ordered by, or on behalf of, appeals. If the trial was in doubt but the trial presented DNA evidence at a thousand markers, then go ahead and test a million. This should also be considered for all death penalty cases where the convicted person claimed innocence up to and including being punished, but DNA evidence seemed to back the conviction.

      If we are to have confidence in the system, the system must ALSO have confidence in the system, and that includes the real experts who understand the statistics, the experimental errors and the uncertainties involved.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    4. Re:An example of the birthday problem by jd · · Score: 1, Redundant

      That would be fair enough, except for this: The FBI has tried to block distribution of the Arizona results and is blocking people from performing similar searches using CODIS. If this is correct, then the FBI does not have confidence in its own claims, which is worrisome. If they had confidence, they would have no need to block distribution of anything, indeed they would increase confidence in the system by having others validate that the probability of a false match is staggeringly low. I do not trust those who will not trust their own integrity.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    5. Re:An example of the birthday problem by jackb_guppy · · Score: 1

      It is the birthday problem since when talking about DNA, we NEVER talk about the whole DNA, just some markers (data points) that someone guessed to have statical meaning. The problem here like in Birthday problem, lost of data makes it work.

      Yes, I said lost of data. With the Birthday problem we are dropping the year and going the other way hour and minute. So with the reduced data points, only month and day, we have 23 people to break even. Image how few if we drop the day. ;-)

      Today's DNA test drop the thousands of gene segments in DNA to a manageable known few, of course there will matches. The FBI knows this but does not talk about. There is same error built into finger prints. Last I heard there is still no science to prove they work accutally.

      dain this case, is almost the same as talking blood type. It is limited but the number of marker points. Blood we a talk about 8 "points": A+,A-,B+,B-,AB+,AB-,O+,O-. Yes there is

    6. Re:An example of the birthday problem by Znork · · Score: 1

      As, in the first case you mention, there would be no need for an actual database I'll leave it up to the audience to figure out if they're using the statistics in the fair or the meaningless way...

    7. Re:An example of the birthday problem by vrmlguy · · Score: 1

      Yeah, the FBI's management is definitely acting stupid on this. I suspect that the scientists at the FBI understand all of this and have confidence in their data, but then the supervisors see stuff like the Arizona results and say, "WTF? OMG!" and then try to suppress it out of their own fear and innumeracy.

      Of course, things like http://en.wikipedia.org/wiki/2006_Duke_University_lacrosse_case show that prosecutors are more than willing to ignore DNA testing when it doesn't help their case.

      --
      Nothing for 6-digit uids?
    8. Re:An example of the birthday problem by Anonymous Coward · · Score: 0

      The more segments of DNA you test, the more problems you'll have with mutations. There's a reason somatic clones rarely survive until birth.

  10. very worrysome by Anonymous Coward · · Score: 5, Interesting

    As an American once arrested by the SS/FBI for computer related crime a while ago, DNA testing always worried me. I can understand it for violent offenders (which is how it was started and then carried over to all felons).

    I can also tell you, if you refuse to submit to testing, they give you what they call "diesel therapy," taking you away from the cushy club fed camp you were in and busing you around the system until you relent. If you were given a half way house sentence or probation, they can revoke either for not submitting a sample.

    Dispite turning my life around, finishing my degree and now working as a developer for a medium-size firm, I worry at times that one night I'll be hauled away because some flunky at the FBI mixed up DNA samples or didn't compare them correctly. I can imagine this being a horror scenario for anyone who's never broken the law, but can anyone imagine there being even a slight chance a bunch of narrow minded, non-technical cops are going to believe me, even if the crime is something totally unrelated to my history?

    1. Re:very worrysome by RightSaidFred99 · · Score: 1

      You do know they don't arrest you and convict you based solely on DNA evidence. Hell, sometimes they don't with DNA and a bunch of other evidence (see: OJ). If you've been convicted of a felony you should have your DNA extracted and stored in a database, end of story. You lost your right to privacy when you were convicted, along with possibly other rights including your freedom, vote, and access to guns.

    2. Re:very worrysome by azaris · · Score: 1

      You do know they don't arrest you and convict you based solely on DNA evidence

      Oh they will if the crime is heinous/high-profile enough and there are no other leads/suspects. It also helps if the DA is up for re-election.

    3. Re:very worrysome by walshy007 · · Score: 1

      "You lost your right to privacy when you were convicted, along with possibly other rights including your freedom"

      ah, so all that's needed for big brother series ten to continue (tv show) is find a felon they can point all the camera's at, and go nuts. They have no rights to privacy at all do they?.... that may be legal, but I, at least, think it is immoral

      the same in essence with voting, if for instance, the public were all so outraged by a new law, that no-one paid heed to it and they were all arrested and convicted, only those who followed the party line would be able to vote, sealing the deal.

      while I have never committed any crime myself, something tells me it would do you a world of good to ponder the difference between legality and morality, while frequently the same, they can differ.

      morals are subjective, however, when thought of from a neutral point of view, most good people tend to come up with the same answer with many topics, it only needs thought.

      finally, ending with a qoute
      The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted â" and you create a nation of law-breakers â" and then you cash in on guilt.
      - Ayn Rand

    4. Re:very worrysome by Anonymous Coward · · Score: 0

      I don't have any criminal intent, and about the worst crime I've ever committed is a parking violation. Even so, I don't want to turn over DNA evidence, or even a fingerprint, because like you the thought of my data sitting in there, waiting to be matched on some mistaken fluke, makes me fearful. You can call it irrational fear, because the odds are so low, but it exists. The only way to eliminate it entirely is not to be in the database, so I'm very sympathetic to people who have been forced (for one reason or another) to toss their sample into this kind of statistical lottery.

      It doesn't matter why you are and have always been innocent or if you've actually had any criminal history, false positives are a curse on any of these evidence matching systems. They're fantastic tools, but not infallible. Everybody knows that but it isn't enough to just acknowledge it. It should be deeply investigated. If the FBI or any other law enforcement agency isn't incorporating a proper understanding of false positives into their analysis then they are complicit in the greatest insult that a justice system can possibly commit on the citizens they are sworn to protect: failing to protect the innocent.

    5. Re:very worrysome by RightSaidFred99 · · Score: 1

      You're screwed either way then - if they're going to railroad you, they're going to railroad you. Handle that problem, not the non-existent right of convicts not to give DNA samples.

  11. We're seeing no such thing. by raehl · · Score: 5, Interesting

    What we're seeing is a consequence of basic math.

    1/113 billion chance a particular person has the same DNA profile as me. 6 million records. So I have a 6 million / 113 billion chance of matching someone else in the database. Drop some zeros and thats 6/113,000. Of course, each of the 6 million people in the database has a the same chance of matching someone - so that's 6/113,000*6,000,000 - which means there should be 318 people who match someone else in CODIS, or 159 'matches'.

    # of people matching = size of group * size of group * chance of match

    Anytime you have something that has a small chance of matching, but a fairly large sampling group, your chances of matching are high, because your chances of a match existing within the group is the SQUARE of the group size.

    So it would be surprising if there were NOT people who matched in CODIS. The question is, are there more or less that 318 of them, and how much more or less?

    1. Re:We're seeing no such thing. by jd · · Score: 5, Insightful

      The other question is: since the database was started, our ability to study DNA, examine genetic markers and recognize which areas are better for identifying individuals has drastically improved. Has the database improved to match this knowledge, or are we relying on outmoded methods? If the former, then it's as good as it is going to get - for now. If the latter, the probability of a false positive could be massively slashed. That would surely be desirable for a crime-fighting system... wouldn't it?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    2. Re:We're seeing no such thing. by Anonymous Coward · · Score: 1, Informative

      Your math is basically sound, however they are only using a THIRTEEN "markers" to make their identification/match.

      If they used the entire thing, I suspect your math would be completely correct.
      Would you care to re-do your math using only 13 points as the profile?

    3. Re:We're seeing no such thing. by WithLove · · Score: 1

      He'd have to know the odds of any pair matching each or any of the markers. I'm just going to assume they're not 50/50 binary markers. Could be 12/21/40/20/3 for all we know. He'd need information on each marker, and the math would be quite a bit more in depth. Whoever did the original "odds are 1/xxxxx that a pair has a matching profile" did the real math.

    4. Re:We're seeing no such thing. by dstates · · Score: 4, Insightful

      So what you are saying is that a new sample has a 1 in 19,000 chance (6e6/1.13e11) of finding a match in CODIS at random, even though this is a new sample not present in the database. With thousands of police departments nationwide running samples against CODIS every week, false matches like this may occur frequently. If the consequence is that an innocent person is charged or even convicted of rape or murder, this is frightening.

      There is a big difference between telling a lay jury "this match had a one in a 113 billion chance of occurring at random" versus "this is an event that occurs randomly on a routine basis." Non-statisticians have a hard time getting their head around the concept of correction for multiple hypothesis testing.

      The real problem is that the FBI match criteria were developed years ago when the CODIS database was small compared to its current size, and these criteria have not been updated in light of growth in the database and new technology. Using state-of-the-art genotyping technology, it should be possible to design a test with a small chance of a false positive match even if the database contained the entire US population.

      --
      Statesman
    5. Re:We're seeing no such thing. by JoeMerchant · · Score: 1, Informative

      That math - simple as it is - is too complex to explain to the average viewer in a 30 second news byte... what the media will do is take those 159 matches and blow them into a sensational story about the possibility (not probability) that DNA nabbed the wrong guy. If they can sufficiently suppress this story, they will have a lot less jurors quoting the news byte as absolute proof that DNA evidence can't be trusted.

      Still, they should do the test - I'm not worried if there are 50, 159, or 300 "matches" - I'd like to know if there are 1500+

    6. Re:We're seeing no such thing. by Jerf · · Score: 4, Interesting

      It's probably even worse than the naive math indicates, because odds are not everybody involved will actually be unrelated in the mathematical sense anymore.

      On the other hand... as others point out, in the birthday paradox there's a huge difference between two people have the same birthday and someone has the same birthday as me. However, in a prosecution situation, it is the latter that matters, not the former. Simply showing that the birthday paradox applies doesn't really prove that for a given criminal, that the odds are high that the match is a false positive.

      This is also why government attempts (by well meaning people) to simple run dragnets over large datasets looking for "bad people" need to be resisted; while the birthday paradox is not always in play, similar statistical effects can be found in many other situations that cause enormous amounts of false positives. "Due process", where we investigate someone with all available tools only after we already have good reason to suspect them (to simplify, of course), turns out to be important not just for our rights in the abstract, but statistically sound, as well.

      At the risk of potentially defending the government (pause for the shocked intake of breath), I find it quite plausible that the government knows all of this, and is resisting this investigation because they do not look forward to explaining this to every jury unto the end of time. While I support open disclosure and letting the chips fall where they may as a matter of principle, if you take a moment to look at this from their point of view, even if you dare take the step of assuming they're not actually out to get you personally (pause for another shocked breath), you might find it hard to avoid having a little sympathy for their position. (If you're still having a hard time, engage the "Most jury members sure are dumb, ha-ha!" cynicism circuit and consider the implications.)

    7. Re:We're seeing no such thing. by Anonymous Coward · · Score: 1

      Huh? That's not how the math works. By the logic in your post, if you flip a coin twice, there's a 100% (1/2 * 2) chance that it will land on heads once.

      To accurately calculate the chances, you need to take the difference of 1 and 1/113 billion and raise that to the number of people in the sample size then subtract it from 1. 1-(112,999,999,999/113,000,000,000)^(6,000,000) = .00005309 or 0.0053%. That's that chance that any person in the sample size will match anyone else in the sample space (if the chance really is 1 in 113 billion)-- you don't THEN multiply it by 6,000,000 again because 1/113 billion is given as the chance that you match ANYONE in the database. If you don't match anyone in the database, then there's a 0 chance that anyone matches you.'

      Think about this with smaller numbers. Say 25% of the population have brown hair, 25% have blonde hair, 25% have black hair, and 25% have red hair. If the population size is three, what are the chances that you match someone else in the population?

      The chance any particular person matches your hair color is 1/4. If we used your method, we'd multiply 1/4 by 2 and arrive at 1/2, and then multiply it by 2 to arrive at an absurd 100% chance. It's very easy to use simple math to calculate the real odds, though: 1-(3/4)^2 = 7/16. Put another way, 1/16th of the time (1/4 * 1/4) they exactly match your hair color. 3/16ths (1/4 * 3/4) of the time the first one matches your hair color and the second doesn't. Another 3/16ths of the time the second matches your hair color and the first does not. 1/16 + 3/16 + 3/16 = 7/16.

    8. Re:We're seeing no such thing. by Mistlefoot · · Score: 0, Redundant

      This is also shown in the "birthday paradox". If you have 23 random people in a room, the odds are 50/50 that a birthday will be shared.

      http://en.wikipedia.org/wiki/Birthday_paradox

    9. Re:We're seeing no such thing. by Mistlefoot · · Score: 1, Insightful

      Mod my parent as a dupe. I should read further before posting. People below me have posted this already. And while you are at it, mod them up. :P

    10. Re:We're seeing no such thing. by mattwarden · · Score: 1

      1/113 billion chance a particular person has the same DNA profile as me. 6 million records. So I have a 6 million / 113 billion chance of matching someone else in the database.

      Forgive me, because I have just come home from the bars (insert joke about me coming home to /. instead of a lady), but wouldn't this only be true if every single profile were the same? You seem to be discounting the matching algorithm altogether and assuming matches are purely random. Or am I missing something?

    11. Re:We're seeing no such thing. by huit · · Score: 4, Informative

      Glad to see mention of the birthday paradox, it illustrates the issue nicely. I worked on a genetic mark recapture program that encountered just this effect. Initially things looked great but as the sample size increased we started encountering "shadows" (individuals that share markers at all loci sampled but aren't true matches) with greater frequency. To study large populations you need markers with significantly lower probability of identity than has been assumed in a lot of research. We often remarked how rediculous the statistics quoted by journalists and in court are.

    12. Re:We're seeing no such thing. by huit · · Score: 1

      The probabilities are or at least should be calculated and adjusted as more data is sampled. These values are referred to as a probability of identity for each marker P(ID). Importantly, due to relatedness of individuals in some communities exceeding their relatedness to the population at large, calculating the likelihood of a match in would need refined probabilities derived from that population

    13. Re:We're seeing no such thing. by tgv · · Score: 2, Interesting

      One addition: if you multiply 0.00005309 by 6,000,000, you get 318, which is the number of duplicate matches you can expect in the 6 million database. So, it's not really surprising that the Arizona lab did find a (near) match. Still, the chances of a false match for an individual are 0.00005309, so the question about its effectiveness/usefulness is: how many profiles are compared against the database per year?

    14. Re:We're seeing no such thing. by dgatwood · · Score: 2, Interesting

      If they can sufficiently suppress this story, they will have a lot less jurors quoting the news byte as absolute proof that DNA evidence can't be trusted.

      And of course DNA can't be trusted without other corroborating evidence. If they find my hair in the car of somebody who turns up dead (or vice-versa) there's many orders of magnitude greater chance that one of us gave the other a ride than that one of us killed the other (unless I'm dead, in which case, fry her, please. KIDDING!)

      The harsh reality is that even if you ignore/solve the issue of family members sharing genetic markers and other flaws in common testing procedures, DNA is still just as circumstantial as pretty much any other non-eyewitness/videotape evidence of the crime. What's scary is how many people hear about a sample of DNA being found at the scene of the crime and automatically jump to a conclusion of guilt because they saw on Law & Order (or insert any other similar show here) that DNA was a way to reliably identify the criminal, and then are slack-jawed in disbelief when it is revealed that the person had an airtight alibi (e.g. he/she was in another country at the time of the crime). That's both entertaining and terrifying all at the same time.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    15. Re:We're seeing no such thing. by cortesoft · · Score: 3, Insightful

      This would be true, but not everyone who matches is going to be able to have committed the crime. For example, a lot of the people who are in the Database are in prison. That is a pretty good alibi. Many of the people are going to be so far away geographically from the crime committed that they will be dismissed as suspects after cursory investigation. The odds of a false positive get MUCH smaller require that the false positive sample in CODIS must come from someone who is close enough to the crime scene and lacks a credible alibi.

    16. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      On the other hand... as others point out, in the birthday paradox there's a huge difference between two people have the same birthday and someone has the same birthday as me. However, in a prosecution situation, it is the latter that matters, not the former. Simply showing that the birthday paradox applies doesn't really prove that for a given criminal, that the odds are high that the match is a false positive.

      That depends on how it's used. If the process is a) find a suspect b) obtain DNA from crime scene c) obtain DNA from suspect d) compare DNA, then you're probably ok. OTOH, if the process is a) obtain DNA from millions of individuals b) obtain DNA from crime scene c) find a match in the database d) locate and arrest the person whose DNA it is, then you run into a non-negligible risk of finding a false match. One would hope that the FBI has enough integrity to do the former, but not the latter.

    17. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      You have overlooked the dangerous part:
      There are thousands of crimes every day, perhaps millions of crimes every year.

      For every one of theses crimes, the FBI compares the DNA profile they find with all DNA profiles in their database.

      What's the probability that they hit the wrong person? If I get it right, it's 6/113,000.

      Thus one in 20.000 searches resolves to the wrong person. Still fairly good evidence, but far less impressive than 1/113 billion

    18. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      And hence the reason why, CSI/Law&Order/etc not withstanding, DNA evidence should be only a tool or component part of criminal prosecutions. It isn't a magic bullet. The problem lies in the fact that it is used for just such a purpose (on TV and subsequently in the courtroom), as a way to say there is ZERO doubt and is, therefore, infallible.

      "Beyond a reasonable doubt" != ZERO doubt.

      /suppressing the urge to bring up the definition of scientific "theory"

    19. Re:We're seeing no such thing. by ShakaUVM · · Score: 5, Informative

      >>There is a big difference between telling a lay jury "this match had a one in a 113 billion chance of occurring at random" versus "this is an event that occurs randomly on a routine basis." Non-statisticians have a hard time getting their head around the concept of correction for multiple hypothesis testing.

      To give an apocryphal quote by Mark Twain: "People use statistics the same way drunks use lampposts - for support, not illumination."

      The lack of ability to reason statistically is extremely common in America. I mean extremely common - even in grad students publishing papers on stats, or in the technologically literate crowd. I'd used to write examples of egregiously bad stats in my livejournal in papers and news reports, but gave up because it was so common.

      The DNA testing example is actually an example we studied in the Bayseian/conditional chapter of my stats textbook. It described an actual court case in LA where I got was convicted solely by DNA evidence (there was no other evidence to convict him, and he wasn't lucky enough to have an alibi) because the prosecutor confused the odds that (in this case) the odds of the match randomly matching being only one-in-a-million, and those are some pretty powerful odds. Of course, that would mean that in LA alone, there would be 6 people (on average) matching the DNA, and so the chance of the guy being guilty is actually only 1/6 or so.

      The problem I have with the DNA "this has a one in 113 billion chance of matching" is that this is an extrapolated number based on certain premises of independence between the different loci. Whereas the more we learn about DNA, the more we learn that there is a high degree of covariability, certainly enough that (as the article shows), the odds of a match are actually much much higher.

    20. Re:We're seeing no such thing. by mazarin5 · · Score: 1

      Worse than that. This is essentially the birthday problem:

      k=1
      p=8.85e-12 // =113 billion ^-1
      for i=1:6000000
      k*=(1-i*p);
      endfor

      The result is that k=6.59e-70, or a very, very small chance that two people do not have a potential mixup.

      --
      Fnord.
    21. Re:We're seeing no such thing. by eric76 · · Score: 4, Interesting

      it illustrates the issue nicely.

      Well, maybe not.

      From the article, the real issue appears to be that they make the assumption that the markers are independent of each other without having done the research.

      In fact, they should know better than that. From DNA as a forensic instrument:

      THE ISSUES SURROUNDING genetic information in trials may soon become more complicated. The next likely controversy will concern the science of population genetics. Even if a combination of markers is rare among all people, it might appear at higher rates in some ethnic subgroups, says Conrad Gilliam, professor of genetics and development at Columbia. He testified in the 1990 case Castro v. New York State, the first in which a prosecution's attempted use of DNA data was thrown out by the court.

      Suppose a murder is committed in Chinatown, Gilliam conjectures, and the police find blood samples. Certain polymorphic variants that occur frequently in Chinese people are rare in Caucasians. If these markers show up in the sample, and the police produce a Chinese suspect, a prosecutor could try to use the DNA as further evidence against him. "However," Gilliam says, "a defense attorney could argue that there could be so many local suspects with the same profile that the evidence has no bearing on the case."

      If the markers were truly independent, the polymorphic variants mentioned would be random as well.

      So if the above is true, the markers aren't independent and they know it.

    22. Re:We're seeing no such thing. by thogard · · Score: 3, Informative

      I don't think they are even using markers. I thought they were using a process that basically duplicates the DNA a massive number of times, then use gravity vs. capillary action to weigh the different chromosomes which may or may not have been through a blender 1st. They are not comparing gigabits of data to verify a DNA match.

    23. Re:We're seeing no such thing. by kitgerrits · · Score: 1

      I wonder what would happen if they matched every sample in CODIS against every other sample.

      How many 'collisions' would there be?
      How many tests (apparently) re-used the same sample (oops)?
      What is the exact probability of DNA matching ONE PERSON in CODIS?

      --
      "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    24. Re:We're seeing no such thing. by jd · · Score: 1

      Oh god. It's a minor miracle they get so few duplicates with that method. Assuming they do, in fact, only have a few duplicates. That technique is positively stone-age and is open to all kinds of errors. That would make as much sense as the FDA using a speak-your-weight machine to measure microgram variations. (Oh god... I just thought... that would certainly explain a lot about the FDA...)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    25. Re:We're seeing no such thing. by hairyfeet · · Score: 1

      Well, I read that they have much better tests,but since they cost a couple of thousand apiece they don't bother. If someone can have any luck looking it up(it is 5AM and my Google Fu is weak ATM) it had a nice quote from one of the inventors of the test they use saying it was worthless as evidence. Basically he designed it for cows, not humans, but because it was so much cheaper than an accurate DNA test they went with it. But as always this is based on what I've read on the subject,YMMV

      --
      ACs don't waste your time replying, your posts are never seen by me.
    26. Re:We're seeing no such thing. by ubernostrum · · Score: 1

      # of people matching = size of group * size of group * chance of match

      Well, not quite. Simply squaring the number of people in the group gives you the permutations, but that's larger than the number of combinations: in other words, simple squaring treats "Alice and Bob" and "Bob and Alice" as being different subgroups when, in fact, they're the same two people. So what you want to do is halve the square of the group size to get the combinations:

      1. (6,000,000 * 6,000,000) / 2 gives 18,000,000,000,000 unique combinations of two people each.
      2. 18,000,000,000,000 combinations / 1,300,000,000 ("one in 1.3 billion") is 13,846 and change.
      3. Therefore, in a database of 6 million people, you should expect to find 13,846 pairs, such that for each of these pairs there is a "one in 1.3 billion" characteristic they share.

      Of course, each one of those pairs will probably share a different "one in 1.3 billion" characteristic, but still it's a pretty scary figure to meditate on when you consider how heavily we like to rely on DNA evidence these days.

      Aside: there's actually been some very heated debate amongst attorneys as to whether TV shows like "CSI" unfairly bias jury members to accept forensic DNA evidence as unimpeachable, since they create a popular perception that such evidence is always correct and always fingers the bad guy (and, hence, whether questions about this sort of thing have any place in jury selection). It makes for fun reading.

    27. Re:We're seeing no such thing. by theophilosophilus · · Score: 1

      This would be true, but not everyone who matches is going to be able to have committed the crime. For example, a lot of the people who are in the Database are in prison. That is a pretty good alibi. Many of the people are going to be so far away geographically from the crime committed that they will be dismissed as suspects after cursory investigation. The odds of a false positive get MUCH smaller require that the false positive sample in CODIS must come from someone who is close enough to the crime scene and lacks a credible alibi.

      I was thinking the same thing. It will be rare that a person is prosecuted with no other connecting factors (circumstantial evidence). However, the state is required to prove its case. The defense attorneys here are pointing out that the government is claiming that its evidence is much more reliable then it really is. When life and liberty is on the line, a person is entitled to letting the jury know every potentially exculpating detail.

      On the other hand, it may be a moot point. We have become a "DNA culture" of sorts. TV has ingrained the infallibility of DNA in all potential jurors' minds. Quoting the appropriate statistics will only substitute a slightly less big number for a really big number.

      Now to display my ignorance. This debate doesn't apply when a crime scene DNA sample is compared with a defendant's sample, right? Isn't CODIS only about narrowing the field?

      --
      Why have 1 person driving a backhoe when you could employ 20 with shovels?
    28. Re:We're seeing no such thing. by Hektor_Troy · · Score: 2, Interesting

      Since you know a lot more about statistics than I do, this might be a question better answered by you than anyone I know:

      Since chimps and humans share about 97% of our DNA, does that mean that if the "odds" of matching with a human is 1:113,000,000,000 that the "odds" of it matching with a chimp is 1:116,500,000,000?

      --
      We do not live in the 21st century. We live in the 20 second century.
    29. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      I find it hard to believe that matching probabilities should be calculated in a purely theoretical fashion, with the assumption that gene loci are not correlated. To be of any value (let alone in court), they must be based on empiricism. Does anyone know?

    30. Re:We're seeing no such thing. by neuromanc3r · · Score: 1

      What we're seeing is a consequence of basic math.

      1/113 billion chance a particular person has the same DNA profile as me. 6 million records. So I have a 6 million / 113 billion chance of matching someone else in the database.

      No, you don't. I'm not really a math geek, but if your calculation was right, you would have a 100% chance of matching someone else in a (hypothetical) database of 113 billion people (and a even higher chance in a bigger database, which doesn't really make sense)

      If I'm not mistaken, your chance to match a given person should be something like (1 / 113 billion)) and your chance of matching anyone in the database would be 1 - ((1 - (1 / 113 Billion)) ** (6 million)).

      Feel free to correct me if I'm wrong (which is entirely possible, I didn't have my morning coffee yet.)

    31. Re:We're seeing no such thing. by thegnu · · Score: 1

      The problem I have with the DNA "this has a one in 113 billion chance of matching" is that this is an extrapolated number based on certain premises of independence between the different loci. Whereas the more we learn about DNA, the more we learn that there is a high degree of covariability, certainly enough that (as the article shows), the odds of a match are actually much much higher.

      That's exactly what I tried to say in my post, but I am a lay-person. Thanks for explaining it properly. :-)

      My favorite recent example of statpidity was the Obama-is-related-to-Cheney thing. I loled so fucking hard when I did the math going back 10 generations. First, you climb Cheney's family tree at powers of two, so 2^10, then come back down with the assumption that these people have an average of 3 children per generation (probably higher as you go back, really), and you've got 2^10*3^10 are related to Cheney. Which is 60,466,176 people who could be related to one of Cheney's ancestors at 10 generations back.

      Which is 1/6 of the population of the United States. If you assume 4 children per generation, it's 1/6 of the population of the world. lulz

      --
      Please stop stalking me, bro.
    32. Re:We're seeing no such thing. by jafiwam · · Score: 1

      At the risk of potentially defending the government (pause for the shocked intake of breath), I find it quite plausible that the government knows all of this, and is resisting this investigation because they do not look forward to explaining this to every jury unto the end of time.

      I see that as having the exact opposite effect. Cock waving district attorney out to prove himself by perfecting this argument in court, all the while not really after justice but just more convictions no matter the truth.

    33. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      Factorial, not square. The chances of matching go as the factorial of the sample group size.

      Incidentally, factorials grow like exponentials for large n (according to the famous stirling approximation), and exponentials grow much much much faster than squares.

      Anytime you have something that has a small chance of matching, but a fairly large sampling group, your chances of matching are high, because your chances of a match existing within the group is the SQUARE of the group size.

    34. Re:We're seeing no such thing. by DavidTC · · Score: 1

      Yeah, and that's why people should object to the police collecting large and storing amounts of DNA. The police do not need to be running searches to find suspects, they need to be running the DNA of their suspects past DNA at the crime scene.

      Of course, all this could be remedied if they'd run actual DNA tests instead of the pretend tests they run now. If they actually compared the full genome of someone to the DNA found at a crime scene, none of this would be an issue...the only false matches would be identical twins.

      But heaven forbid they actually have to spend money to get a conviction.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    35. Re:We're seeing no such thing. by nasor · · Score: 1

      Failure to understand conditional probability and the statistics of multiple testing is a HUGE, ongoing problem with justice systems throughout the western world. There are plenty of specific examples of people being wrongly convicted simply because the prosecutors and/or jurors didn't understand statistics. In 1998, for example, a British woman named Sally Clark was convicted of murdering her newborn child. She had had two children, both of which died of Sudden Infant Death Syndrome very early in life. The police and prosecutor reasoned that since the odds of a baby dying of SIDS was about 1 in 8500, the odds of the same person having TWO babies in a row die of SIDS was 1 in 8500^2, or about 1 in 72 million. They thus concluded that she must have killed the child. The jury bought the argument that there was only a 1 in 72 million chance that she was innocent, and convicted her. The problem, of course, is that although the odds of any specific person having two children die of SIDS is very very low, when you have a population with tens of millions of people the odds of *someone* having such a tragedy strike are actually pretty high. Fortunately Sally Clark was eventually freed, but she spent three years in prison.

    36. Re:We're seeing no such thing. by Alsee · · Score: 2, Informative

      The test would immediately give a 100% result of it as non-human DNA.
      One of the reasons for that is the fact that humans have 23 pairs of chromosomes whereas chimps and other primates have 24 pairs. We didn't "lose" a chromosome - one strand of DNA got glued on to the end of one of the other strands of DNA, so all of the same genetic information is still there.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    37. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      The chance would be far less. 1 in 113 billion is 1 in 113,000 million. 113,000 / 6 = 18,833

      What that means is that out of 18,833 sets of 6 million there would be 1 match.

      Obviously this is not so.

    38. Re:We're seeing no such thing. by kencf0618 · · Score: 1

      The law of large numbers is one reason why there's usually a Powerball winner.

    39. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      But heaven forbid they actually have to spend money to get a conviction.

      Just remember you said this when they tell you that they have to raise taxes to pay for all that work.

    40. Re:We're seeing no such thing. by AGMW · · Score: 1
      I find it quite plausible that the government knows all of this, and is resisting this investigation because they do not look forward to explaining this to every jury unto the end of time.

      But isn't that the same thing, turning it round, as saying that the jury isn't up to understanding the statistical significance in the first place? Surely the jury must be able to understand any evidence presented or they're just going to flip a coin or base their decision on something else about the defendent, etc.

      I understand what you're saying, and too a certain extent I agree, but actually what should happen is that the Gov. needs to find an "easy to understand" way to explain it so any/every jury can understand it - however much pain that might be - because to do otherwise is not going to result in justice for all.

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    41. Re:We're seeing no such thing. by raehl · · Score: 1

      Actually, that's not, by itself, necessarily bad logic.

      If you assume that the chances of a child dying of SIDS is random, then there would, indeed, only be a 1 in 72 million chance that a person with 2 children would have both of them die from SIDS.

      But the next part of that analysis is, how many mothers have two children in a row that die of SIDS?

      If there are 72 million such mothers, and only one of them has two infants die, then that one is innocent. But if there are 72 million such mothers, and 1,000 had 2 infants die, then 999 of them are guilty and 1 is innocent. Is 1/1000 less than reasonable doubt?

      Of course, this ignores the problem that SIDS deaths are not random - like most medical things, if you ahve one baby die of SIDS, you are probably more likely to have a 2nd one die of SIDS, either because of some hidden defect, or you like to sleep with your baby in bed with you, or your a psycho baby killer.

    42. Re:We're seeing no such thing. by AGMW · · Score: 1
      But heaven forbid they actually have to spend money to get a conviction

      It would seem sensible to use the quick and cheap testing en-mass to produce a smaller set of possible matches, then increase the sensitivity (cost/time) of the testing each time until you whittle it down to a few, or couple (or even one) match.

      Then do the full fat DNA comparison at whatever cost to ensure (as much as you can with DNA) you have the right person!

      If you are the accused and you are innocent and they throw DNA at you, insist on a full DNA comparison (assuming you're absolutely sure there's no way they have your DNA from the scene - ie someone framed you by dropping some of your hair or something - Strewth! I shred all paper with my address on it, maybe I should burn the contents of my vacuum cleaner instead of throwing it out! - anyone got a tin-foil hat I can borrow?).

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    43. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      In 1998, for example, a British woman named Sally Clark was convicted of murdering her newborn child. She had had two children, both of which died of Sudden Infant Death Syndrome very early in life. The police and prosecutor reasoned that since the odds of a baby dying of SIDS was about 1 in 8500, the odds of the same person having TWO babies in a row die of SIDS was 1 in 8500^2, or about 1 in 72 million. They thus concluded that she must have killed the child. The jury bought the argument that there was only a 1 in 72 million chance that she was innocent, and convicted her.

      Statistics aside, there are many possible explanations. SIDS is sudden and unexplained death of an apparently healthy infant, which means "WE DON'T REALLY KNOW WHY THE BABY DIED". With an unknown cause of death, how was this a homicide?

      There still are lots of unknown diseases and genetic malformations out there. An unknown genetic disorder would be much more likely to occur in children of the same person.

    44. Re:We're seeing no such thing. by Sockatume · · Score: 1

      Outmoded methods, without a shadow of a doubt. This is an agency which still favours the polygraph for things like security clearance interviews, despite at least a decade of scientific concensus that it's useless. Some agencies are incredibly resistant to new information, which is an immense liability where forensic science is concerned.

      --
      No kidding!!! What do you say at this point?
    45. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      Q: Has the database improved to match this knowledge, or are we relying on outmoded methods?

      A: No, it uses the same old methods. If we were building CODIS from scratch today we'd use a panel of 100+ biallelic SNPs instead of a dozen STRs (each with a dozen or so alleles).

      SNPs --> 2^100 = 1e30 combinations
      STRs --> 12^12 = 1e12 combinations

      (all numbers here are approximate, and those calculations are over simplified).

      Our ability to measure SNPs is vastly better than our ability to measure STRs, so this would help with the backlog issue also.

    46. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      To all the slashdotters who think too smart to get on a Jury read this...

      Errrr.....you can't 'say' you will be biased, there has to be a reason 'why' or you get contempt of court trying to get booted from the Jury. Unless you are a legitimate dumbass...they get booted with no contempt

      Never...ever....ever....ever apply logic to your bias when being questioned for use on a jury. It doesn't work and both the prosecutor and defence take you for no other reason than you have demonstrated a level of intelligence and reasoning not present in the general populace.

      In other words, you know you are biased, they know you are biased, so you are able to think without that bias. Both sides will make every point to you, and expect the other jurors to recognize you as the authority. No I was not the foreman, but it was a different experience having 2 lawyers and a judge, along with every clueful person explaining their point to you.

      and.....the other jurors seeing this

      yes, i would expect the defense to bring the statistic up, even in a haphazard way so I could rule innocent in the case of DNA

    47. Re:We're seeing no such thing. by jd · · Score: 1

      Twelve? Yeesh. FamilyTreeDNA offers 67 STRs and that's not considered to be adequate for anything more than family tree work. Hmmm. I doubt the 12 are within the 67, so for about $100 per person, they could improve the results substantially. deCODEme charts 1,000,000 SNPs per person, but their test is pricey at $1000. It would depend on how the cost of the test scales, but I imagine testing for 1,000 SNPs would again be around the $100 region. Given the trial costs per accused, and given the PR damage for every screw-up, that doesn't seem like a horrible burden. Even the $1000 test - I suspect most cop precincts spend that much on coffee and donuts in a week.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    48. Re:We're seeing no such thing. by dstates · · Score: 1

      Agree that the assumption of independence is a big assumption and ignores much that we have learned about human population structure. For example, the Portuguese population in Eastern Massachusetts migrated through the Azores and went through a major population bottleneck. As a consequence, a DNA sample from an Eastern Mass Portuguese person is likely to share many alleles with any DNA from a person of similar ancestry. Of course, the police might erroneously assume that a witness saying it appeared to be a Portuguese person is independent corroboration of the DNA match when in fact the DNA match may only be saying that the original sample was from somone of Portuguese descent, especially if this is a local or statewide database.

      Note: I only use Eastern Mass Portuguese as an example. The more we learn about human population genomics, the more we realize that there are many subpopultations that tend to stay isolated from the general population, e.g. various Native American tribes, the Eastern Mass Portuguese, various Amish populations etc.

      --
      Statesman
    49. Re:We're seeing no such thing. by somnolent49 · · Score: 1

      That's interesting. I love seeing ways in which my brain's lack of understanding for basic statistics make me come to the wrong conclusion.

      So, increasing the group size from the 6 million people in the CODIS database to the 300 million people in the united states gives 300million squared, or 90 quadrillion, divided by 113 billion, to give 796,460 people who have a match with someone else in the United States. That's about a one in 377 chance of matching, per person.

      Going up to the entire population of the earth, we see that the chances are one in 18 to have a match.

      Those results are simply staggering. The genetic database needs a huge restructuring and increase in accuracy, because right now it's far too unreliable.

      If I made any mistakes in my calculations, please let me know.

    50. Re:We're seeing no such thing. by DavidTC · · Score: 1

      I am not one of those morons who whines constantly about taxes, don't worry.

      Incidentally, it costs about the same, in many places, to imprison a person for a month than to do a full DNA test.(And, like I said, the price of such testing would seriously drop if they'd start doing it in large amounts.)

      Even ignoring any moral or ethical concerns, it would be cheaper to test DNA. Some portion of people in jail would no longer be in jail, with no replacement, as the police never solved the case.

      Even the 'replacement' people, of the crimes that were eventually solved, and the 'correct in the first place' people, who were 'needlessly' DNS tested, would be cheaper, as it would reduce the likelihood of them being granted an appeal and new trial, which is much more expensive.

      So even in the imaginary world where cost is more important than imprisoning the wrong people, it would still be cheaper to DNA test, as some percentage of the prison population wouldn't be there, and the rest would have harder evidence against them so less chance of appeal.

      Remember this, every time the Innocence Project uses DNA testing to free someone: If the court had ordered that DNA test, and paid for it (Instead of it being paid for by the project.), the system would have made that money up within, at most, two or three months of not having to imprison that person. And that's not including the cost of lawyers fighting the test, and judges, and court-assigned defense lawyers, etc. And the first trial which would have never even started if it had been paid for at the start.

      Oh, and the crimes the actual criminal committed while he should have been in prision.

      Literally the only 'cost' of fully DNA testing is that the conviction rate goes down. And that fact, the fact we don't do full testing, entirely speaks for itself. We don't do it because we want convictions instead of justice.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    51. Re:We're seeing no such thing. by DavidTC · · Score: 1

      Well, yes, if they actually did the second filter.

      In reality, though, they don't, so I'm going to object to them doing the first.

      What is actually needed is a supreme court decision that if they are going to use any sort of DNA matching as evidence, they have to do the full tests. They can use them however they want to filter whatever they want, but to present them in court, they should be required to do the full test.

      Incidentally, there was a well publicized issue with that problem happening with fingerprints recently, by the name of Brandon Mayfield. While people realize that fingerprint match, via computers, is done by only looking at a few points, many people don't realize that often time such 'matches' are just accepted at face value and no one actually looks at the results.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    52. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      Not everybody else has the same 6 million out of 113 billion chance as you because once you have been checked against that person, there is no need to check that next person again. The next person has a 5999999/113 billion chance, and the person after that has a 5999998 chance, etc. all the way down to the 2/113 billion chance. This makes the actual amount of matches that should occur much lower.

      The probability that no two people match is actually 6000000!/(113 billion)^6000000

    53. Re:We're seeing no such thing. by sjames · · Score: 1

      Except that the database searched was a 65000 record subset and still had 112 matches. That's 1 in 38 million (rounded) which is three orders of magnitude more than the FBI's 1 in 113 billion claim.

      The above suggests that any random person run against the full CODUS database has a 15% chance of a false match.

    54. Re:We're seeing no such thing. by blitziod · · Score: 1

      lucky for the chimps or they's all be in jails instead of zoos!

      --
      The only way to bust a doper--is when you yourself become a smoker!
    55. Re:We're seeing no such thing. by blitziod · · Score: 1

      this is esp true when dealing with a victimn ro crime scene familiar to the accused. Look if my g/f or mom get car jacked and killed( God forbid) they are gonna find my DNA all over the place in the car. Why ? Because I have ridden in it 100's of times. What does this prove NOTHING!. If I am murdered they will find my friend's/family's DNA all over my house. Now if it is a stranger's DNA, that might mean something, but only if it is an exact match AND they had motive, oppertunity and some other physical evidence.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    56. Re:We're seeing no such thing. by Anonymous Coward · · Score: 0

      actually a sample size of less than the whole earths population would significantly decrease the odds of a false positive. the fact that we now have a false positive indicates that the odds are much better than the quoted statistic.

    57. Re:We're seeing no such thing. by seaton+carew · · Score: 1

      That's really fascinating. The consequences of this are pretty serious...

      The UK government are currently trying to get as many people as possible into the national DNA database. Let's assume they get less than half the population in there: say 25 million people.

      Using your approach, for any given DNA sample there are likely to be 25/113,000 * 25,000,000 /2 ~= 2,500 'matches'

      If I understand this right, a perfect match of "my" DNA at a UK crime scene could actually have been left by any one of 2,500 other people. How on earth can such evidence be used to convict someone (in the absence of any other evidence)? Surely many of these DNA based convictions are entirely unsafe?

      --

      As technology accumulates, the hatred between people tends to decrease. - Steven Pinker
    58. Re:We're seeing no such thing. by juan2074 · · Score: 1

      How can the police know that any given sample of DNA is tied to a specific crime?

      Just finding blood samples at the scene of a crime does not mean that the blood was spilled by the victim (or the perpetrator).

    59. Re:We're seeing no such thing. by eric76 · · Score: 1

      If, for example, semen samples are taken from a woman who was raped, the DNA can be matched against her partner(s), if any and if known, to make sure it is not from them.

      It would be tough if the woman had unprotected sex with six anonymous men at a sex club and was then raped on the way home.

    60. Re:We're seeing no such thing. by johnathan · · Score: 1

      First, you climb Cheney's family tree at powers of two, so 2^10, then come back down with the assumption that these people have an average of 3 children per generation (probably higher as you go back, really), and you've got 2^10*3^10 are related to Cheney. Which is 60,466,176 people who could be related to one of Cheney's ancestors at 10 generations back.

      Which is 1/6 of the population of the United States. If you assume 4 children per generation, it's 1/6 of the population of the world. lulz

      It's going to be less than that, due to offspring dying before procreation, and overlap. Cheney probably has fewer than 1024 distinct ancestors of 10 generations ago. (If first cousins breed, their offspring will only have 3 sets of great-grandparents.) Forty generations ago, did Cheney have 2^40 (~one trillion) distinct ancestors? More than that, descendants of those ancestors almost certainly interbred, so you are double (and triple, and quadruple...) counting a lot of them. I agree it was a stupid story. Just saying.

      --
      You don't need a weatherman to know which way the wind blows.
    61. Re:We're seeing no such thing. by huit · · Score: 1

      I agree (belatedly) there will certainly be sub-populations that are less diverse at these markers and will as such have higher probability of identity within that population. This lowers the power of those markers and probabilities given to prosecutors need to be adjusted accordingly.

    62. Re:We're seeing no such thing. by angel'o'sphere · · Score: 1

      So it would be surprising if there were NOT people who matched in CODIS. The question is, are there more or less that 318 of them, and how much more or less?

      No, that is not the question ... I don't care if there are 1, 100 or 300, or 318 or 317 or 319 people in the database matching my DNA.

      I care: where have those people been when the crime happened I'm accused for?
      I care: what is the relationship of those people to the victim of the crime I'm accused for?
      I care: did the police/prosecutor even follow the traits to those people "similar to me"?

      That is the damn problem.

      Claiming, oh well, the chance is so low so there can not be any doubt, that is the problem!!!

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    63. Re:We're seeing no such thing. by juan2074 · · Score: 1

      That is one case where DNA evidence might make a difference.

      But there are many ways that DNA is found at a crime scene and assumed to be from the perpetrator(s). And it is misleading.

  12. Arizona Odds. by Odder · · Score: 3, Insightful

    Encouraged, Barlow subpoenaed a new search of the Arizona database. Among about 65,000 felons, there were 122 pairs that matched at nine of 13 loci. Twenty pairs matched at 10 loci. One matched at 11 and one at 12, though both later proved to belong to relatives.

    That's about a 1/500 chance of a random match, good evidence but not the 1/1E12 claimed. The FBI needs to get off it's extrapolation and study the data.

    What's really threatened is Big Brother's DNA database. If the evidence is not conclusive, there's little reason to spend billions collecting it from school children. A lot of equipment makers will cry about that.

    1. Re:Arizona Odds. by ibsteve2u · · Score: 0

      A lot of equipment makers will cry about that.

      Although it is terribly depressing, after considering everything that I have observed over the last eight years I have no realistic alternative other than to agree with your conclusion: Yes, anybody who is deemed to be "promotable" in Washington, D.C. would let money override truth and justice.

      In a New York minute; it is damned near a job requirement. Which, of course, indicates a leadership failure.

      --
      Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
  13. Similar cases? by Kaptain+Kruton · · Score: 3, Insightful

    The LA Times says dozens of similar matches have been found. I have learned not to trust the media when they use questionable terms like "similar." By similar did they mean that in all of those other cases, 9 (or more) of the 13 genetic markers used were matched like they were in this one case? Or is the paper trying to make it seem more severe by saying dozens of similar instances exist, but these cases only match a couple of the marker--not nine markers. While this one example throws some questions into things, I want some more numbers before I start wasting a lot of money redoing every DNA test. Things such as scandal and fear sell papers. Using words such as similar allow writers to make things sound much worse than they might be. This sells papers.

  14. It is very unfortunate by iminplaya · · Score: 1

    That there is a 1 in 113 billion chance of things like this becoming an election issue with the general public. Right now, their pocketbook is the only issue. The bankers and speculators crashing the economy every election cycle serves as a very effective distraction.

    --
    What?
    1. Re:It is very unfortunate by iminplaya · · Score: 1

      100% Overrated

      Oh yes... I keep on forgetting that the pursuit of justice is overrated. How virtuous of you to remind me of that.

      I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue! emphasis mine

      Always loved that quote. It can never be overstated.

      --
      What?
  15. Time for world socialist revolution! by Anonymous Coward · · Score: 0

    Workers to power! Smash the racist police state!

  16. Birthday paradox by russotto · · Score: 4, Informative

    The FBI says that the chance of any given person matching another unrelated person is 1 in 113 billion. They claim that the reason the Arizona lab tech found as many matches as she did ("dozens") is because she was checking the whole database (6 million entries) against itself. This is a straightforward birthday paradox issue, then. According to the Wikipedia birthday problem page, the number of collisions expected given d= 113 billion different "birthdays" and n = 6 million "people in the room" is n - d + d((d-1/d)^n). This is about 160 matches! So in fact the FBI may be right. Note that the chance of a given person matching _anyone_ in the database is about 0.0053%, which is much greater than 1 in 113 billion.

    1. Re:Birthday paradox by russotto · · Score: 2, Informative

      (yeah, I suck, forgot "plain old text")

      The FBI says that the chance of any given person matching another unrelated person is 1 in 113 billion. They claim that the reason the Arizona lab tech found as many matches as she did ("dozens") is because she was checking the whole database (6 million entries) against itself. This is a straightforward birthday paradox issue, then.

      According to the Wikipedia birthday problem page, the number of collisions expected given d= 113 billion different "birthdays" and n = 6 million "people in the room" is n - d + d((d-1/d)^n). This is about 160 matches! So in fact the FBI may be right.

      Note that the chance of a given person matching _anyone_ in the database is about 0.0053%, which is much greater than 1 in 113 billion.

    2. Re:Birthday Paradox by ya+really · · Score: 2, Informative

      Good ole pidgeon hole theorem, havent seen that since discrete mathematics.

    3. Re:Birthday paradox by Anonymous Coward · · Score: 0

      (yeah, I suck, forgot "plain old text")

      Sure... props for the double-dipping karma whoring. ;)

    4. Re:Birthday paradox by theophilosophilus · · Score: 1

      This is about 160 matches!

      Yeah, isn't the LA Times article implying that the system is flawed because there are a (seemingly) surprising number of nearmatches? No one doubts that there are matches, or that a search might come up with some close hits - that's what the statistic says. However, the defense attorneys in the article claim that the statistics are flawed because they can find a number of (near) matches in the database. Is this implication like saying the lottery must really be easier to win then claimed if you have met more than one person that has won? Wouldn't a problem arise only if the number of matches occurred more than the quoted statistics would dictate? I don't see this as being the method of attack in this case.

      --
      Why have 1 person driving a backhoe when you could employ 20 with shovels?
    5. Re:Birthday Paradox by John_Sauter · · Score: 4, Informative

      If I'm not mistaken, what you've described is the Birthday Paradox:

      http://en.wikipedia.org/wiki/Birthday_paradox/

      You aren't mistaken, but the Wikipedia reference is actually Birthday problem.

  17. Perhaps the matches are related by randolph · · Score: 0

    Skin color is a quite superficial (literally) phenotypical characteristic. In any case, the only way to clear this up is with the research that, apparently, the FBI is trying to block.

  18. Convictions instead of Science? by flajann · · Score: 0
    This is horrible -- as you say, when you get a false positive, you have a double-injustice; convicting and destroying the life of an innocent man, and leaving the real perpetrator free to harm more people.

    We have to refocus everyone on the Rights of the Innocent, and get everyone to see that putting an innocent man in jail is far worse than doing nothing at all. We should ALWAYS be open to Science in the process, and the Justice system must itself ALWAYS be open to the same scrutiny and skepticism as any scientist.

    And if not, the Justice System will really be an Injustice System. How the lawyers, the prosecutors, the Judges can sleep at night is anyone's guess.

    1. Re:Convictions instead of Science? by Anonymous Coward · · Score: 4, Interesting

      "We have to refocus everyone on the Rights of the Innocent"

      No, we need to focus on rights and fairness, period. Cops aren't always truthful. Drug dealers sometimes don't lie.

      Renaming basic human rights and due process, i.e. Rights of the Innocent, to some special "needs" category plays into special interest. Much like how "victim rights" laws throw to the wind fair court cases; the defense has their name thrown in multitude of papers and intense scrutiny, while the victim hides in anonymity. This has resulted in inequities in handling of cases--this become hugely apparant in both the Duke rape case and the Kobe Bryant rape case; consider these were big name cases where the flaws were apparant and utilized by the prosecution. (If you're wondering what should happen--if the victim's name is protectd in a case, the defense's name should also be protected in the case.)

      Furthermore, such new terminology often is at some point redefined and abused--most of the citizens of the United States still don't realize that "violent" offenses constitute mere drug use or sex (so called statutory rape) under the 1984 Bail Reform Act (this is why California's 3 strikes laws ends up taking in so many repeat offenders). I can easily see "rights of the innocent" laws being ineffective and creating a special class as one-time DUI offenders now accused of murder get denied a "special class" of rights.

      The facts are rather simple--for the past 60 years, laws have gone overly pro-prosecution. Part of this is government keepign score, as someone else put it. Part of this is also on the general public for being stupid, scared, and greedy--why people will look less horrified at a murderer than a pet killer, or if they see someone shackled they presume guilt, or see some sick social advantage in another person being locked up (prison doors open as the economy tanks means more jobs for the "innocent" sort of thinking).

    2. Re:Convictions instead of Science? by flajann · · Score: 0, Troll
      You do make several interesting points, and yes, there is always the potential for abuse.

      Yes, cops do lie, and I've experienced this personally. Judges sometimes make presumptions and rule on that basis too. And on and on.

      I don't want to create a "special class" of rights -- we already have far too much of that already. I do want to create an awareness of the damage that is done to the innocent being dragged though this quagmire, let alone being wrongfully convicted.

      I do have a "special interest" in all this since I have suffered greatly from being falsely accused, lying cops, screwball judges, and the like. It all began from one stranger whom I've never met before butting her nose into my business and fanning the flames of latent racism in a public arena.

      And it's sad that being innocent should ever have to be a "special class", considering that you are supposed to be presumed innocent until proven otherwise. But we both know that's a joke in this country.

      And so, I rather have the "special class" with the awareness, despite all the problems, vs. what we have now. Alas, the government and the public does not respond to reason; it takes crass hyperbole to shift direction and attention.

      We live in an imperfect world, alas.

  19. Law & Order by Anonymous Coward · · Score: 0

    /me waits for episodes of Law and Order portraying this...

  20. Birthday Paradox by jberryman · · Score: 4, Informative

    If I'm not mistaken, what you've described is the Birthday Paradox:

    http://en.wikipedia.org/wiki/Birthday_paradox/

  21. "Diesel Therapy" by Anonymous Coward · · Score: 0

    I googled it and found this story:

    http://www.proliberty.com/observer/prt0497a.htm

    I never heard the term prior.

  22. You're all missing the point! by kaos07 · · Score: 2, Interesting

    I think the really cool thing about this whole story is what it says about "race". For hundreds, if not thousands of years, and even now, people have using "race" and skin colour as reasons for subjugation. But here we have the first cast of extremely close matching DNA, 1 in 113 billion, and they are from different "races". Wow.

    This, if anything, should dispel any stupid theories about the difference of "race" within the human species.

    1. Re:You're all missing the point! by Sir_Sri · · Score: 1

      That goes to an interesting question. I live in Canada and am half (east) indian. Is the probability of my DNA matching someone from India the same 1/113 billion as it is matching someone from Africa, or not?

      I'm betting that politicing has crept into science so they don't want to specify genetic differences based on 'race' or other quantities.

      It also asks an interesting question about what could (potentially) you learn from DNA. I'm 197cm tall, which is in part determined genetically, and in part by diet/environmental factors.

      So if the RCMP or FBI etc. was looking at my DNA would they in future profile that I'm a tall, thin, half indian guy, and if so does that increase my odds of matching a particular set of people in the database. I think that poses problems for 'communities' of minorities for example.

    2. Re:You're all missing the point! by Ihmhi · · Score: 4, Funny

      You're making the mistake that racists use logic.

      They'd probably say the black guy stole the DNA.

    3. Re:You're all missing the point! by LordLucless · · Score: 2, Insightful

      Only if you assume that "race" is an entirely genetic category, and not a product of culture and surrounds.

      Also, these tests only check (I believe) up to 13 specific sequences. These sequences are the ones most likely to be different between individuals - they're not going to use the sequences for stuff like skin colour, because those would have large number of individuals with the same sequence.

      If you match someone else on these tests, it means that you have a certain number of highly-variable sequences in common with them. It doesn't necessarily mean that if you compared the full DNA strand they'd be remotely similar (once you've factored out the large proportion of DNA that all humans have in common).

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    4. Re:You're all missing the point! by LordLucless · · Score: 1

      I'm betting that politicing has crept into science so they don't want to specify genetic differences based on 'race' or other quantities.

      Why would they want to? They can already determine the more immediate racial markers by doing simple analysis of skin cells. If they're doing a genetic comparison, they don't want to find out "was this guy black", they want to find out "are these two samples from the same person". If they were using markers that containing sequences shared by a large number of people, the test would be meaningless. The whole point of those 13 standard loci the FBI use is that they are highly variable, and not likely to be repeated, unlike racial characteristics.

      So if the RCMP or FBI etc. was looking at my DNA would they in future profile that I'm a tall, thin, half indian guy...

      You can't tell that from DNA. You might have the DNA that would indicate "tallness", but have been exposed to stuff from a young age that stunted your growth. Your DNA may indicate a high metabolism, but you could easily have contracted a disease that altered that, or just binged on junkfood sufficiently to couterract your genetic advantage. You can't necessarily infer fine physical detail from the genome.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    5. Re:You're all missing the point! by MPAB · · Score: 2, Insightful

      Race IS genetic, and only a product of culture and surroundings in that they may have influence over mating.

      Nevertheless, pure races (with distinctive racial phenotypes) become harder to be found. Us humans have made "pure breed" dogs, horses or fightbulls in centuries or less; pure races that would disappear if left in the wild. We tell dog races apart from the size, the color and length of their hair, the face bones, the tail, etc. We tell men races apart grossly from the amount of melanin alone. Still the mainland chinese and the japanese are very different, as are the norse and ukranians (both blue-eyed blondes).

      In the human species, races sprung up from a group of humans becoming geographically (or culturally) isolated and resorting to inbreeding. Nowadays we overcome geographical isolation easily, but still races endure because of cultural isolation.
      Westeners tend to look at themselves as the root of all evil race issues, but I can resort to HUGE human groups in Africa, the middle east or the far east that won't mate someone from the tribe next door even though we'd be unable to tell them apart from average africans, arabs or chinese.

      In this case, loci were chosen that vary a lot among individuals, regardless of race. There may even be matches with monkeys or other mammals! This does not take race differences apart, nor does prove it as a social construct; otherwise albino black or chinese people wouldn't "look" black or chinese.

    6. Re:You're all missing the point! by MPAB · · Score: 2, Informative

      Or that's what they expect you to conclude.

      These tests are chosen so they can tell a person apart from his family, even his own twin in some cases! The "extremely close matching DNA" you mention consists of a very small portion of the subject's DNA which in most cases encodes nothing we know of.

      These tests can conclude "subject X is not the same as suspect A", but they just can say "theres's a very high probability of suspect A being the same as subject X".

      There's racial tracers in DNA that can tell how long ago your lineage forked from its branch, like in the National Geographic Global Gene Project. And that proves differences among human races.

    7. Re:You're all missing the point! by Anonymous Coward · · Score: 0

      That isn't news. Geneticists have known for years that, at a genetic level, "race" almost doesn't exist. The genetic differences between each race are so superficial that they're very difficult to spot unless you know exactly what you're looking for.

      There are a few minor exceptions of course, but so far they're all pretty trivial. For example, many asians can't synthesise the enzyme "alchohol dehydrogenase" (and therefore can't process alchohol the same way as others); also, the American FDA thinks that the heart drug BiDil is better for black people than other races.

      However, the variation *within* each race and the overlap between races are huge. From a biologist's viewpoint, colour really is only skin deep.

    8. Re:You're all missing the point! by Troed · · Score: 1

      "And that proves differences among human races"

      Don't know what point you're trying to make, but the genetic differences of people _within_ the same "race" are bigger than between "races".

    9. Re:You're all missing the point! by Anonymous Coward · · Score: 0

      But here we have the first cast of extremely close matching DNA, 1 in 113 billion, and they are from different "races". Wow.

      Ignoring the race issue for the moment, you are missing the wider point.

      The point is that authorities claim that the chance of this match are calculated to be 1 in 113 billion.

      THOSE CALCULATIONS ARE CLEARLY WRONG. You could claim this simply was a random fluke. But there are many, many of these "flukes" quoted in the article.

      This dramatically changes the rules of the game when you use DNA evidence in court.

      When you have a senior FBI official in a nice suit on the stand and he says the chance that the DNA found at the crime scene do not belong to the accused is 1 in 113 billion, the defense lawyer can make him look like an idiot on the stand. You can demolish his credibility, and maybe even perjury. The FBI's estimates are clearly wrong.

    10. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      Umm, NO. These DNA tests do not test the entire DNA sequence, they only test a few points. Given that humans share at least 90+% of DNA, it is possible that a flawed analysis of DNA will come to the conclusion that, geez, we're the same. I'm not an expert on how the testing works, but they definitely do not test the entire DNA.

      If there is no such thing as racial differences, then couldn't the same logic be used to say that there are no differences between humans at all? Your logic doesn't make much sense. Genetic differences between the races exist, just as much as there are differences between you, your siblings, your parents, and etc. Its just a matter of distance.

    11. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      Geneticists have known for years that, at a genetic level, "race" almost doesn't exist.

      What geneticists are saying this? That is most certainly not a prevailing opinion within the scientific community. It may be one in the sociology community, but not within the field of human biology.

      The genetic differences between each race are so superficial that they're very difficult to spot unless you know exactly what you're looking for.

      The genetic differences are indeed subtle, but yet they most obviously produce varying results!

      There are a few minor exceptions of course, but so far they're all pretty trivial. For example, many asians can't synthesise the enzyme "alchohol dehydrogenase" (and therefore can't process alchohol the same way as others); also, the American FDA thinks that the heart drug BiDil is better for black people than other races.

      Or the IQ gap. East Asians and Ashkenazi Jews have the highest IQs. Asians have a collectivist psychology, while Northern Europeans have a very individualistic psychology. Asians have eyes with epicanthic folds. There is also differences in the shape of craniums.

      Really, I can go on and on with this. You have no clue what you are talking about. Differences exist.

      However, the variation *within* each race and the overlap between races are huge. From a biologist's viewpoint, colour really is only skin deep.

      Color is not race. The genetic distance between people of the same race is much less than the distance between people of different races. Differences != distance. That is like saying the difference between any two colors is the same, but obviously orange and yellow are much closer to each other than orange and blue.

      You do not speak for biologists.

    12. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      Wrong.

      The flaw in this statement is saying that any genetic "difference" has the same meaning. There are plenty of variations, for example, within any racial group. However, those variations are of a smaller distance apart than the variations between people of different races.

      As I said in another post, the difference between orange and red is very small, but the difference between orange and blue is greater. But, according to your logic, any difference has the same weight, which is bogus. If genetic differences had equal meaning, then you would never be able to tell races apart.

    13. Re:You're all missing the point! by Lorien_the_first_one · · Score: 1

      Thanks. If I were modding today, I'd give you "insightful".

      --
      The diversity and expression of human opinion is essential to human survival.
    14. Re:You're all missing the point! by Lorien_the_first_one · · Score: 1

      How interesting that you say that. I was watching Miro TV yesterday and saw a video from MIT where they did an experiment to show that when you take two different bacterium and put them in the same dish together they fight with antibiotics.

      What came out of the experiment was that most of the time, bacterium A would win and kill off the other. But after hundreds of tests, one time, bacterium B won.

      After that test, they did a sequence on bacterium B and found that it had "stolen" part of the DNA from bacterium A.

      Now that was interesting.

      --
      The diversity and expression of human opinion is essential to human survival.
    15. Re:You're all missing the point! by Troed · · Score: 1

      It's interesting that you claimed that I was wrong apparently without researching.

      The proportion of human genetic variation due to differences between populations is modest, and individuals from different populations can be genetically more similar than individuals from the same population.

      "data also show that any two individuals within a particular population are as different genetically as any two people selected from any two populations in the world"

      "two random individuals from any one group are almost as different [genetically] as any two random individuals from the entire world."

      http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1893020

      Now. My agenda lies in disproving myths. What's yours?

    16. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      That paper does not answer my claim. How are individual genetic differences between people of the same race as significant as the differences between people of different races?

    17. Re:You're all missing the point! by kaos07 · · Score: 1

      So according to your logic, your parents and yourself are from a different race? Well played.

    18. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      I did not say that. Race implies a large and distinct set of differences between two groups. The difference between you and a parent are much much smaller than the difference between you and someone of a different race.

      Don't put words into my mouth.

    19. Re:You're all missing the point! by Collapsing+Empire · · Score: 1
      Paper by AWF Edwards: http://www.goodrumj.com/Edwards.pdf.

      Summary In popular articles that play down the genetical differences among human populations, it is often stated that about 85% of the total genetical variation is due to individual differences within populations and only 15% to differences between populations or ethnic groups. It has therefore been proposed that the division of Homo sapiens into these groups is not justified by the genetic data. This conclusion, due to R.C. Lewontin in 1972, is unwarranted because the argument ignores the fact that most of the information that distinguishes populations is hidden in the correlation structure of the data and not simply in the variation of the individual factors. The underlying logic, which was discussed in the early years of the last century, is here discussed using a simple genetical example. BioEssays 25:798-801, 2003. 2003 Wiley Periodicals, Inc.

    20. Re:You're all missing the point! by kaos07 · · Score: 1

      "The difference between you and a parent are much much smaller than the difference between you and someone of a different race." You said that with no evidence whatsoever. In the other thread, another poster refuted that claim. You then started going on about semantics.

    21. Re:You're all missing the point! by Troed · · Score: 1

      My source is from 2007.

      From your other reply I conclude that you have a racist agenda - feel free to keep living in ignorance. The "thing" you felt was unanswered was only unanswered due to you not understanding what you read.

    22. Re:You're all missing the point! by DavidTC · · Score: 1

      You're asserting that biologists assert that some people have 'collectivist psychology'?

      I'm fairly certain it is you who have no idea what you're talking about.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    23. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      My source is from 2007.

      Your source consists of repeated arguments from Lewontin in 1972.

      From your other reply I conclude that you have a racist agenda

      I do not promote racial supremacy, if that is what you are implying. My agenda is the promotion of traditional societies based on ancestral heritage and the cultural foundations that have been destroyed by multiculturalism and ethnic pluralism.

      Your argumentative flaw is that anyone who believes in racial differences has some sort of agenda of race hate when on the contrary, I deeply admire the many cultures of the world and do not want to see their culture destroyed by globalism.

      feel free to keep living in ignorance

      Is this the best you have - name calling?

      The "thing" you felt was unanswered was only unanswered due to you not understanding what you read.

      Explain it to me. I think AWF Edwards did a fine job, personally.

    24. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      You're asserting that biologists assert that some people have 'collectivist psychology'?

      Really? Where did I do such a thing?

      I asserted it myself, based on observation of Eastern vs. Western cultures.

      I'm fairly certain it is you who have no idea what you're talking about.

      Perhaps basic literacy is needed before you make such a claim.

    25. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      You said that with no evidence whatsoever. In the other thread, another poster refuted that claim.

      perhaps you missed this.

      the other poster's "refutation" consists of calling me names. if this is what passes for scientific inquiry on slashdot, then be my guest...

      You then started going on about semantics.

      Yes, a technical argument about genetic differences is totally bogus. I'm sorry.

    26. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      "The difference between you and a parent are much much smaller than the difference between you and someone of a different race." You said that with no evidence whatsoever

      Really, the difference between me and a random person from China or Africa is less than the difference between me and one of my two parents? Is this what you are saying? What sane person needs proof to the contrary?

    27. Re:You're all missing the point! by Troed · · Score: 1

      Why do you insist on displaying your own ignorance? You've obviously not studied the link I gave - or you're trying your best to lie with regards to its contents.

      "My agenda is the promotion of traditional societies based on ancestral heritage and the cultural foundations that have been destroyed by multiculturalism and ethnic pluralism"

      Thus, you're promoting a racist agenda.

      (Feel free to educate yourself - my points in here are both made and supported)

    28. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      Why do you insist on displaying your own ignorance?

      What ignorance? You keep giving me this label, yet you can't substantiate it. I have answered you and the claims within with a scholarly article. In light of this, you can only call me "ignorant" thereafter. That indicates that you, perhaps, are the one who is ignorant.

      You've obviously not studied the link I gave - or you're trying your best to lie with regards to its contents.

      Go for it. Attack me instead of the argument I make. Show the world what you're made of.

      Thus, you're promoting a racist agenda.

      What is wrong with the agenda I have explicitly stated, or are you trying to somehow convince everyone that I am a racial supremacist, which I have explicitly denied and condemned as an ideology?

      You are obviously trying to attach negative stigma to me (rather than continuing the argument on a rational and scientific basis), so you might as well just go out and say it.

      Wouldn't I be just as much of a racist if I said I was opposed to the slaughter of indigenous American tribes by my own ancestors, on the basis that it, for all practical purposes, destroyed their way of life?

    29. Re:You're all missing the point! by Troed · · Score: 1

      Why are you under the impression that supremacy has anything to do with the discussion?

    30. Re:You're all missing the point! by Collapsing+Empire · · Score: 1

      Why do you keep calling me a racist with the obvious intent to apply a negative stigma to me?

    31. Re:You're all missing the point! by Alsee · · Score: 1

      Aside from being a racist fucktard, your attemted logic is invalid.

      How are individual genetic differences between people of the same race as significant as the differences between people of different races?

      Logical fallacy. A genuine case of Begging The Question.
      Your question presumes that some arbitrary genetic difference *are* magically more significant. Which is in effect the very point you were attempting to argue in the first place. You assume that a difference in the gene for skin pigment (or whatever) is somehow more significant than the gene for baldness or whatever else, in order to prove your basis for racism. Completely circular logic.

      My agenda is the promotion of traditional societies based on ancestral heritage

      Completely baseless.

      In the long term we all trace back to the same ancestral heritage.
      In the short term (white) Alaskan-Americans and (white) Hawaiian-Americans have distinct culture and heritage.

      You are handwaving at a completely arbitrary and completely baseless "medium term" heritage, and one where in fact your imagined separation physically does not exist. The populations have always been connected and blended. The darkest population of south Africa intermarrying with the population of mid-Africa, which intermarried with the population of north Africa, which intermarried with the population of the Mid East. In one direction from the Mid East intermarrying with the population of India and from there intermarrying out to east Asia, and in the other direction from the Mid East intermarrying up through Turkey and Greece and Italy and Germany to England and Norway.

      You're pointing at the water in the Atlantic Ocean and saying that it shouldn't mix with the water from the Pacific ocean, and you are ignorant or ignoring of the fact that the water is already continuously connected and already continuously blended between them. Just as the Atlantic and Pacific oceans are continuous and connected and blended, human "races" are a continuously blended population pool. There physically is no division, and there never has been.

      The gene pool is continuous and connected. Genes have always been diffusing through that single pool. Diffusing across Africa. Diffusing between north-east Africa and the Mid East. Diffusing from the Mid East and southern Europe. Diffusing across Europe up to the most Nordic reaches.

      Any claim of "races" is like drawing a line between the Atlantic and Pacific oceans. It is a purely artificial line, it is a purely arbitrary line, a purely non-physical line, is is a line which ocean water is fully connected and freely and continuously diffuses across, a line which populations are continuously connected and genes freely and continuously diffuses across.

      Advances in technology - ships and cars and planes - have merely increased the speed of diffusion.

      >From your other reply I conclude that you have a racist agenda
      I do not promote racial supremacy, if that is what you are implying.

      He said you had a racist agenda, and implied you are a racist.

      Well golly gee whiz, you are such a highly evolved species of racist. He calls you out as a racist and you effectively say yeah I'm a racist but I'm not a supremacist. Snicker.

      You just want to ship the niggers back to Africa.
      And I guess ship all the redheads back to Ireland.

      LOL. Fucktard racist.

      Yeah, I personally insulted you. But I also demonstrated that your logic was wrong. So don't even attempt to play the "Attack me instead of the argument I make" persecuted victim line. If you say 2+2=5, you are still wrong even if I call you ugly while I demonstrate that it is wrong.

      Bitching that Pacific Ocean water is mixing with and contaminating Atlantic Ocean water is stupid. The fact that you don't say Atlantic ocean water is "supreme" is irrelevant and is just as stupid. The fact that equally want to "protect the traditional heritage" of Pacific Ocean water from mixing with and

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    32. Re:You're all missing the point! by Cosmic+AC · · Score: 1

      Or perhaps it just means that people know less about genetics than they think they do.

    33. Re:You're all missing the point! by cdrguru · · Score: 1

      Just in case someone sees this...

      How does the above argument relate with persons that believe taking a child of one race and allowing adoption by parents of a different race equals "racial genocide", mostly when the child is of some supposedly disadvantaged race?

      Sadly, we're a long, long way from treating members of the human population as all equals and ignoring race. Members of various races cling to their unique cultures as part of their "racial heritage" and try to pretend that denying them this is some kind of oppression. All the while where their culture reinforces lots of things that are easily shown to be isolating, offensive to others and generally continuing separation of members of this group. Think about the things that the US African-American population do to themselves all in the name of maintaining their "culture". A culture that seems to be steeped in slave traditions. Is this helping?

  23. statistics by Anonymous Coward · · Score: 0

    Reading the article does make it seem like the issue needs to be examined, and that the '1 in 100 billion' odds should be re-evaluated.

    However, I think the main problem is that most people don't understand statistics (all my stats courses are a blurry memory now), and just jump to the wrong (or exaggerated) conclusions. Common sense gives people a distorted view of likelihood and chance. Why else do people play the lottery, when buying a ticket does not significantly improve your odds of winning?

    But Troyer compared all 65,000 profiles in Arizona's database to each other, resulting in about 2 billion comparisons. Each comparison made it more likely she would find a match.

    When this "database effect" was considered, about 100 of the 144 matches Troyer had found were to be expected statistically, Myers found.

    Troyer's search also looked for matches at any of 13 genetic locations, while in a real criminal case the analyst would look for a particular profile -- making a match far less likely.

    Further, any nonmatching markers would immediately rule out a suspect. In the case of the black and white men who matched at nine loci, the four loci that differed -- if available from crime scene evidence -- would have ensured that the wrong man was not implicated.

    The presence of relatives in the database could also account for some of Troyer's findings, the FBI and other experts say. Whether that's the case would require cumbersome research because the databases don't contain identifying information, they say.

    It's easy to read the rest of the article, then gloss over and ignore the above paragraphs, thinking 'The sky is falling! DNA is totally unreliable!'.

    In some ways it's understandable that the FBI would want to block these kinds of inquiries from defense lawyers, but it seems important that someone run the (controlled) searches and test out the estimated likelihoods.

  24. One thing... by JimboFBX · · Score: 1

    Am I the only one who things the information about the characteristics of DNA evidence isn't understood as well as it could be? For example, ever notice how 20 years later or so a convicted murder can be cleared because of new DNA evidence that doesn't match the DNA of the killer? Has anyone done an experiment to see how DNA evidence could possibly change over the course of 20+ years?

    1. Re:One thing... by DavidTC · · Score: 1

      That happens because the fucking legal system only test 13 points of the DNA, instead of the entire thing.

      Testing the entire thing would cost thousands of dollars. Which is, apparently, not worth it to determine if we're sending an innocent to jail. (Although obviously the price would go down if the government would set up its own labs to do that test.)

      The people who are released are released because volunteers go around investigating cases, finding ones that looks like miscarriages of justice, and paying for the DNA test out of their own pocket.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  25. How to fix by Anonymous Coward · · Score: 0

    And roll back our police state.

    DROP TABLE DNA-DATABASE;

    as long as were at it....
    DROP TABLE NO-FLY;

  26. I wonder... by Anonymous Coward · · Score: 0

    I wonder how they calculate the 1 in X stats? For example, it occurs to me that markers may NOT be independent of one another. That is to say, the chance of having marker A might be 1% and the chance of having marker B might be 5%, but the chance of having BOTH might very well be higher (or lower) than .05%.

    Without independent examination of the data, I wonder whether we're just seeing statistical artifacts, or whether their model is flawed.

    Keeping it secret does NOT engender any trust, though. They should allow independent statisticians to run tests and prove the accuracy of their model. I wouldn't be surprised if clever techniques were available to improve it, so their resistance seems puzzling to me.

    Even if they're worried about losing some case because they "know" the guy is guilty, why should they resist having to *prove* that?

    1. Re:I wonder... by LaskoVortex · · Score: 3, Informative

      . That is to say, the chance of having marker A might be 1% and the chance of having marker B might be 5%, but the chance of having BOTH might very well be higher (or lower) than .05%.

      IANAFG (I am not a forensic geneticist) but the co-segregation of genetic markers is such a fundamental and well understood process that I would have a hard time believing that they wouldn't know and correct for the rates of their chosen set when calculating the probabilities of a matched set.

      Of course the statistics they calculate are probably based on estimates of pairwise segregation. Some higher-order effects may be at work that change the statistics relative to a basic model like independent pairwise segregation.

      For example, allele A of gene 1 and allele B of gene 2 may not segregate according to a previously measured pairwise stastistic in the presence of allele C of gene 3. Such higher-order effects may have a significant impact on the statistics but would require a *lot* of data to reveal.

      --
      Just callin' it like I see it.
    2. Re:I wonder... by moderatorrater · · Score: 3, Insightful

      I would have a hard time believing that they wouldn't know and correct for the rates of their chosen set when calculating the probabilities of a matched set.

      And I would have a hard time believing that the prosecution gives a damn whether what they present is accurate as long as they can get the conviction. I have yet to see a prosecutor in real life who's more concerned with finding the truth than getting the conviction.

  27. NEWSFLASH! by tmosley · · Score: 1

    The government doesn't have your best interests at heart! News at eleven.

  28. Practical truths... by fahrbot-bot · · Score: 5, Interesting

    Not to troll, but law enforcement agencies are really more interested in convictions than the truth. For instance, Virginia has a law that places a 21-day time limit on new evidence that can be used to exonerate someone wrongly convicted. I'm sure the FBI doesn't want it's coveted CODIS database subject to any doubt.

    --
    It must have been something you assimilated. . . .
    1. Re:Practical truths... by Aladrin · · Score: 1

      If it doesn't, it shouldn't have let it make the news that they won't let anyone check its accuracy. Now it's in doubt by default.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:Practical truths... by fahrbot-bot · · Score: 1
      Now it's in doubt by default.

      True enough. I guess I should have qualified that as "reasonable doubt", which may arise from further research.

      --
      It must have been something you assimilated. . . .
    3. Re:Practical truths... by Sally+Forth · · Score: 1

      Or it could be that Virginia is tired of bogging down its court system every single time someone thinks they found a new piece of lint for the next twenty or more years that the guy's in jail. After all, as time goes on, most physical evidence degrades and it's harder and harder to prove precisely what happened.

  29. Rate of accuracy = rate of human accuracy by Antaeus+Feldspar · · Score: 1

    The rate of accuracy of the system can never exceed that of the humans involved in the process. If a human technician calls a non-match a match or a match a non-match 1 in 200 times (and though I can't remember where I read it, I've read that that's the actual figure obtained by reviewed the records of DNA techs) then the chance that two DNA samples would be said to match each other if they were not actually from the same donor are not "1 in 668 jillion" but ... 1 in 200.

    --
    If people are to respect the law, perhaps the law should begin by respecting the people.
    1. Re:Rate of accuracy = rate of human accuracy by moderatorrater · · Score: 1

      You're not taking into account the probability that a technician will be wrong and that the DNA test would be wrong, thereby making the conclusion correct, thus yielding 1 / (200 + 1.3 k-jillion)

  30. DNA evidence is relatively useless. by T3Tech · · Score: 0

    DNA can be modified. HeartMath as well as others have done research which shows that DNA changes, making it maybe a little less reliable than fingerprints as far as evidence goes.

    --
    Of course I didn't RTFA... why would I do that? You really are new here aren't you? Don't let my UID fool you.
  31. Prison Outsourcing... by Digestromath · · Score: 1

    Outsourcing prisons to China? That's a sure fire way to start a bidding war between Guantanamo, shady Eastern European nations and any third world country with an ample supply to testicle jumper cables.

  32. Where Does this 1/113billion Number come from? by tobiah · · Score: 1

    And what does that statistic represent? It sounds like they mean that there is a 1/113billion chance that if the suspect were picked at random and the sample as well, they would match. i.e. the chance of two randomly picked people matching on the chosen DNA sequences is 1/113billion. But the sample is not random, and the more relevant question might be,"What is the probability that a person chosen at random matches this particular sequence?". It should be a conditional probability. In that case I don't see how the odds could be worse than 1/population of the earth.
    Then there's the question of what sample space they're drawing their hypothetical samples from: the planet's, the United States, the national database, or just that state's database.

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  33. Dynamic System..... by IHC+Navistar · · Score: 1

    When it comes to systems, you have the problem of Dynamics. Every system is going to change, over time, either due to external forces, internal forces, or conscious change.

    When it comes to evidence, it is just that: Evidence. Unless the defendant confesses, or they find the defendant's fingerprints in the victims blood, then there is no proof, only evidence. Defense attorneys must prove why the evidence *is not* convincing, while prosecutors have to prove why evidence *is* convincing.

    Technically, it is incorrect to claim a "False Match", since there we several loci that did in fact match.

    The question of "# of lucus matches" can work both ways: A prosecutor can use a relatively high locus match to establish a high level of probability, while a defender can use a low locus match count to establish a low level of probability. Instaed of basing accuracy on a threshold, prosecutors and defenders should be treating the number of locus matches as an indicator of how credible the evidence is.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
    1. Re:Dynamic System..... by tapanitarvainen · · Score: 1

      Unless the defendant confesses, or they find the defendant's fingerprints in the victims blood, then there is no proof, only evidence.

      Given the number of false confessions, even confession is no proof, only evidence. And fingerprint matches are not 100% reliable either.

  34. Do full DNA sequences before trial by davidwr · · Score: 1

    For obvious medical privacy reasons, you don't want to store the entire DNA in CODIS, but you should do a full DNA test on newly-collected forensic evidence and on the suspect.

    For existing forensic evidence, when you find a suspect, do as good of a test as you can, within the limits of the technology and with consideration for sample degradation.

    If the comparisons are off by as little as one gene, further investigation is needed to ask "why." Sure, it may be chromosome damage that affected the crime-scene or suspect sample, environmental damage, or even the limits of the testing, but at least ask the question.

    Oh, of course, when giving statistical evidence in court, be sure you say "The odds of this sample belonging to more than one person who lives within a 100 km radius of the crime is 1 in X, the odds of this sample belonging to more than one person who lives within this country is 1 in Y, and the odds of this sample belonging to to two people alive today on planet Earth is 1 in Z. Ladies and gentlemen of the jury, this, combined with the other evidence, points to the defendant beyond a reasonable doubt."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  35. What about the other way around? by davidwr · · Score: 1

    What if we lived in a world where everyone's DNA digest was on file.

    What if you then used geography and DNA to generate leads: If there is a crime that leaves DNA, and the crime scene indicates it was very likely a local, interview anyone who lives close by who has the wrong DNA.

    This seems no more offensive than exhaustively comparing security-camera footage to the driver's license database or, where the photo indicates a high school-aged person, yearbook photos.

    I'm not saying driver's license database mining isn't offense, only that it's on par with DNA-database-mining, assuming the databases are both nearly comprehensive.

    It's probably more reliable than generating leads off of a police sketch.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:What about the other way around? by Hyppy · · Score: 1

      Why is that bad? Because DNA evidence is seen in court as infallible evidence of guilt. DNA evidence has been discovered to not be conclusive, especially when some agencies use older methods.

  36. A modest proposal by namgge · · Score: 1

    At the moment there is insufficient downside to a wrongful conviction for anyone involved (apart from the innocent person convicted). I propose that if a conviction is shown to have been wrongful then everybody involved (the cops, prosecutors, jury, judge, etc.) should serve the same penalty (or part penalty) as the wrongfully convicted person had to up to the point the conviction was quashed.

    namgge

    1. Re:A modest proposal by HeadlessNotAHorseman · · Score: 2, Insightful

      At the moment there is insufficient downside to a wrongful conviction for anyone involved (apart from the innocent person convicted). I propose that if a conviction is shown to have been wrongful then everybody involved (the cops, prosecutors, jury, judge, etc.) should serve the same penalty (or part penalty) as the wrongfully convicted person had to up to the point the conviction was quashed.

      It's a nice idea, but if you do that then you risk people erring too far on the side of caution. If I was on a jury and there was a risk of me being punished for finding the defendant guilty then it is likely that I would vote not guilty (even if I strongly believed based on the evidence presented that he/she was guilty). Ideally you want your judges/juries to be impartial, but if they have something to gain/lose then they no longer have that impartiality. Sure, some of them will make bad decisions every now and then, but at least they will make bad decisions for the right reasons.

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
  37. Re: Denominator by TaoPhoenix · · Score: 1

    I think there's a real chance the calculation for the denominator is scrambled too. Let's be conservative and say it's off by a factor of 10.

    To the public, "1 in 11 billion chance" still sounds like lottery odds, but then your math technique would demonstrate thousands of matches, enough to cast real doubts.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  38. but 122 matches were found among only 65K records! by Anonymous Coward · · Score: 0

    I know nobody here ever reads the articles, but it really can be worthwhile.

    According to the article the original search was among only the Arizona database of 65000 records and not the full FBI CODIS database of 6 million records. Among those 65000 records 122 matches of 9 loci were found.

    Some "new math" style computation says that means the FBI's been lying via willful ignorance when they testify there is a 1/113 billion chance of a 9 loci match and they should have been reporting the still-impressive-but-less-so statistic of 1/1 billion chance of such a match.

    A error of two orders of magnitude is certainly significant even if the correct value is impressive enough that jurors are still likely to give it the same weight of consideration.

  39. Just playing devil's advocate here... by Anonymous Coward · · Score: 0

    ... so you mean that black drug users are more likely to be stupid enough to let themselves get caught? Perhaps they've watched one too many rapper (Eminem and the like notwithstanding; predominantly black) videos that tend to taunt authority, showing themselves as being able to get away from the police virtually every time?

    Don't get me wrong - I'm sure there's bias, simply because there is still quite a bit of racism (from both sides) in the U.S., but I don't think that racial profiling -alone- is responsible for discrepancies in crime statistics.

    1. Re:Just playing devil's advocate here... by jafiwam · · Score: 1

      The only bias I am inclined to have any sympathy about is the "didn't actually commit the crime and screwed anyway" bias against blacks.

      It's really goddamn simple folks. Don't do the crime and chances are you won't go to jail DESPITE having a big target painted on your ass as far as the police are concerned.

      If you don't actually HAVE the weed in your pocket, you have to encounter a corrupt cop. Not just a slightly racist one that might be just doing his job otherwise.

    2. Re:Just playing devil's advocate here... by iminplaya · · Score: 3, Insightful

      Oh ye of little experience. You actually believe the cops are so squeaky clean, do you? Corruption permeates much more deeply than you apparently believe. And you don't seem to understand the resources needed to prove one's innocence, instead of pleading it down. That there will make you a statistic. For shame!

      --
      What?
    3. Re:Just playing devil's advocate here... by Lost+Engineer · · Score: 1

      I ain't pass the bar but I know a little bit. Enough that you won't illegally search my shit.

      Need more rhymes like that one.

      Oh and that's 99 problems by Jay Z in case you haven't heard it.

  40. The real WTF by Anonymous Coward · · Score: 1, Insightful

    (apart from the article not even mentioning the birthday paradox) is this:

    Groves returned to court, saying the search was too risky. FBI officials had now warned her that it could corrupt the entire state database, something they would not help fix, she told the court.

    A database that gets corrupted by searching in it? Jesus.

  41. a clarification by thegnu · · Score: 1

    I think I found some fail:

    Of course, each of the 6 million people in the database has a the same chance of matching someone...which means there should be 318 people who match someone else in CODIS, or 159 'matches'.

    Is this really how it works? If there is a 6/113k chance that I'll match someone, it's not that I'll match someone who doesn't match another person. It's the same as calculating who will share a birthday with someone else, right? Overlap on any roll of the dice is as likely as any other individual non-overlap result (rolling 6, 6 is as likely as 6, 3)

    So I don't think you can say that there are 159 pairs at all, because even if it happens to be true, it's misleading. The significant datum is that 318 people can be falsely convicted, period.

    --
    Please stop stalking me, bro.
  42. surprising it took this long by karlandtanya · · Score: 2, Informative

    Remember the "birthday problem"? "How likely do you think it is that any two people in this classroom have the same birthday?" Most of the kids take a quick look around, see ~30 people in the room, know there's 365 days in a year and think--not very likely. But there's usually a match. In a classroom full of kids, the probability that any two children have the same birthday is (we'll ignore leap year for simplicity) 1/365. We need to know the probability that none of the kids have the same birthday. The probability of there being no collisions between two kids is still 1/365--this is just a more useful wording of the criterion. So, first 2 kids, probability of a collision: 1/365 Third kid--if his b-day lands on either of the first two kids' you get a hit: 2/365 Fourth--3/365 chance of a collision. ... And, of course, if you had 366 kids in the room, the last one's a sure thing. You multiply the probabilities a series of independant events to get the probability of the whole series. If we have 30 kids and 365 days, we want to know the chances of 30 misses (no collisions) in a row. If P is the probability of something happening, then probability of NOT (something happening) is 1-P So, probability of 30 misses in a row will be 1-(1/365) * 1-(2/365) * 1-(3/365) * ... * 1-(30/365). Which is ~.2703. So, 1-.2703 tells you that if you've got 30 kids in the room you've got nearly a 3/4 shot at two of them having the same birthday. Quickly iterating through the same process in oo.o calc for an FBI database with... ...ability to recognize 113E+09 unique DNA profiles ...DNA from a million folks (no idea how many of us they really have) gives you .988 probability of collision. BTW, the general formula for the "birthday problem" is written as follows: P=d!/[(d-n)!(d^n)] Where P=probability of no collisions d=number of days in the year n=number of students in the sample

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  43. Irrelevant by exp(pi*sqrt(163)) · · Score: 3, Funny
    > but one felon was black and the other white

    And this is relevant how? You've already told us they were distinct people, this doesn't make them more distinct.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    1. Re:Irrelevant by Sally+Forth · · Score: 1

      Well, he could've said "one had blond hair and the other had black hair" or "one had fine hair and the other had wiry hair" or "one of them was tall and one was short" or "one of them is a scientist and the other is a lawyer", but really "black vs. white" is a really quick way to be able to prove to the average listener that these two aren't the same person.

    2. Re:Irrelevant by exp(pi*sqrt(163)) · · Score: 1

      The funny thing is I can't tell whether you're kidding or not!

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  44. Sorry--reformatted by karlandtanya · · Score: 1

    Remember the "birthday problem"?

    "How likely do you think it is that any two people in this classroom have the same birthday?"

    Most of the kids take a quick look around, see ~30 people in the room, know there's 365 days in a year and think--not very likely.

    But there's usually a match.

    In a classroom full of kids, the probability that any two children have the same birthday is (we'll ignore leap year for simplicity) 1/365.

    We need to know the probability that none of the kids have the same birthday.
    The probability of there being no collisions between two kids is still 1/365--this is just a more useful wording of the criterion.

    So, first 2 kids, probability of a collision: 1/365
    Third kid--if his b-day lands on either of the first two kids' you get a hit: 2/365
    Fourth--3/365 chance of a collision. ...
    And, of course, if you had 366 kids in the room, the last one's a sure thing.

    You multiply the probabilities a series of independant events to get the probability of the whole series.

    If we have 30 kids and 365 days, we want to know the chances of 30 misses (no collisions) in a row.
    If P is the probability of something happening, then probability of NOT (something happening) is 1-P

    So, probability of 30 misses in a row will be 1-(1/365) * 1-(2/365) * 1-(3/365) * ... * 1-(30/365).
    Which is ~.2703.

    So, 1-.2703 tells you that if you've got 30 kids in the room you've got nearly a 3/4 shot at two of them having the same birthday.

    Quickly iterating through the same process in oo.o calc for an FBI database with... ...ability to recognize 113E+09 unique DNA profiles ...DNA from a million folks (no idea how many of us they really have)
    gives you .988 probability of collision.

    BTW, the general formula for the "birthday problem" is written as follows:
    P=d!/[(d-n)!(d^n)]
    Where
    P=probability of no collisions
    d=number of days in the year
    n=number of students in the sample

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  45. Forensic "science" by exp(pi*sqrt(163)) · · Score: 3, Informative
    > The FBI estimated the odds of unrelated people sharing those genetic markers to be as remote as 1 in 113 billion

    As I've said time and time again. Forensic science is a scam. Second rate statisticians and second rate politicians team up with second rate scientists and second rate TV shows to convince the public that forensic superheroes can detect evidence of any evil crime you commit. It's just a way to keep the people under control.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  46. Rights and Safety and Death. by Odder · · Score: 2, Interesting

    Unchecked state power is a danger to everyone. The FBI's court filings to prevent DNA statistical studies are transparently self serving. Imagine if they got their wish and had everyone in their database. Million of innocent people would be subjected to unreasonable suspicions. Such plans should be abandoned and all efforts made to release people who were wrongly convicted, something that DNA testing seems to be good for. Great injustice has been done because the state granted itself the power to punish based on what it considered reasonable extrapolation instead of truth backed up by real data. It reminds me of witch trials.

    Prison violence proves that surrendering your rights to the state does not make you safe. All kinds of state wards have suffered all kinds of abuse in direct proportion to the control and trust guardians are given. It is nearly impossible to administer justice in a place where no one is trusted but abuse must always be checked for and discouraged. This is one of the reasons state supported torture is so horrible. A cruel state that is more interested in punishment and revenge than it is in justice and protection will abuse guilty and innocent people alike. The ultimate abuse, however, remains the loss of life.

  47. reverse case of false mismatches not rare by peter303 · · Score: 1

    The test to "prove" paternal or sibling relations fails as much as one in thousand due to "chimera" effects. DNA "leaks" mother and child, between siblings. Soem sperm mitchondria survive, etc.

    The most famous case the last Russian czar's that looke like the children had multiple mothers due to chimera mitchondria.

  48. Direct Democracy + Computers != Mob Rule by Toe,+The · · Score: 1

    The use of computers means that we do not have to use a simple majority to make decisions. And the use of the internet, an open system, means that a majority isn't really even a useful concept.

    Instead, imagine an infinite (for practical purposes) number of interconnected communities, each with a governance structure. You as a user can participate in any of them, but obviously not in all of them. Especially so if participation requires more involvement than mere voting. So you will have to make choices about which communities (read, which "governments") you want to participate in. That self-selecting into communities changes the concept of majority and consensus building.

    Additionally, a government can be a direct democracy without giving everyone a completely equal say. If there is a community associated with each government, then people may be able to distinguish themselves within that community, either informally or formally through a scoring system.

    These concepts are still new, and there are details we are still working out, but we are approaching them as mere engineering problems. If we define the system well enough, the internet will figure out how to use it effectively. You are quite welcome to come join us in figuring out how to make this work.

    P.S. I am a member of the Metagovernment... but I hardly think we count as "the government." Not yet anyway. :)

  49. OMG! OJ by dbialac · · Score: 1

    You mean OJ didn't actually kill his ex-wife?!?

  50. Prosecutor's want the truth - sort of. by raehl · · Score: 1

    "Never as a question you don't already know the answer to."

    You're missing the part about the adversarial system. If the prosecutor presents 'evidence' that is false, that's why there's also a defense attorney and defense witnesses.

    Prosecutors are primarily interested in convictions, but defense attorneys are primarily interested in acquittal. No one wants to present something that is definitively false because then the other party will show that what you/your expert says was definitively false, and discredit your expert and you case, hurting your chances of success.

    1. Re:Prosecutor's want the truth - sort of. by fyngyrz · · Score: 1

      You're missing the part about the adversarial system.... Prosecutors are primarily interested in convictions, but defense attorneys are primarily interested in acquittal.

      Oy. No one is missing it. We're just weary (or worse) of a system that isn't truth based; isn't about justice; isn't about honor. The idea that the prosecutor is a conviction oriented seeker after injustice is not balanced out by the idea that the defender is an acquittal oriented seeker after injustice. Instead, it's made (at least) twice as bad.

      Luckily, this is almost certainly a phase we're almost done with. Science is sure to come up with a 100% dependable, inexpensive way to tell if someone is telling the truth, and in criminal matters we can finally be done with this tedious and outrageously expensive employment of third parties whose interests in no way lie with the concept of justice.

      I hope Shakespeare's character can be satisfied by lawyers getting what they so richly deserve: a McJob. Although I could see the best of them them migrating to marketing; that's another area where the truth is the last interest to be served.

      --
      I've fallen off your lawn, and I can't get up.
  51. Obvious by inamorty · · Score: 1

    It's a simple case of a brother from another mother

  52. I'm sure there are other reasons by jesterzog · · Score: 1

    But the truth peers 'round the corner here. They're not interested in accuracy, else they'd be all for determining how well this works, or not. The process and the results would both be open. What they're interested in are convictions, because that's how they keep score.

    You might be right, but I'm sure there are other reasons. Not to claim that it's right to ignore this, but presumably they're also concerned about the likely colossal expense of re-examining every single case for which this kind of evidence was used in a timely fashion, re-establishing other evidence to keep the convictions -- if that's even possible long after the date, and massive compensation payouts for wrongful imprisonment (or perhaps to families in cases of execution) in the many cases that can't reliably be proved without the DNA evidence. This is also not to mention the likeliness of a large number of people who could actually be quite dangerous getting released on technicalities before they're ready.

    Right or wrong, this situation has potential to be a lawyers' dream.

  53. Re:Direct Democracy + Computers != Mob Rule by Quicksilver_Johny · · Score: 1

    Hmm, that's interesting. I think your post should probably be called Computers != Direct Democracy != Mob Rule, and that's true. I just assumed direct democracy would be used, and hadn't thought about separate, autonomous communities being used (though that's one of my favorite political ideals) or individuals voting for others and giving them weighted votes, creating a sort of Direct Democracy/Representative Democracy mix.

    I hadn't really had enough time to look at it closely before, but now Metagovernment has just become a whole lot more interesting to me, as it incorporates a lot of my own ideas (Direct Democracy, Voluntarism, etc.) and fixes (or attempts to fix) many important problems.
    Mod parent up.

  54. all those innocent people in jail... by timmarhy · · Score: 1

    .... i bet they will be so glad to get out

    --
    If you mod me down, I will become more powerful than you can imagine....
  55. my guess would be by Phantom+of+the+Opera · · Score: 1

    That patriotism isn't necessarily a good thing

  56. not all conspiracies are cartoonish by misanthrope101 · · Score: 1
    Conspiracy theories have been discredited by movies and TV. Even talking about a conspiracy marks you as a credulous loon. But not all conspiracies involve smoke-filled rooms and gravelly-voiced, shadowy bad guys.

    The fact is, police and prosecutors will happily send you to jail for life, or to death row, to further their own careers. They prosper from convictions, not from justice. This is a "conspiracy" in that they work together to convict the person they've chosen to convict, and they'll collude to make their evidence seem stronger, hide exculpatory evidence, rely on jailhouse snitches, plant evidence, or whatever it takes, short of planting a corpse in your trunk.

    Not all of them are like this, probably not even most, but there are so many links in the chain, all of them being pressured to get a conviction, that somewhere shortcuts will be taken. They convince themselves that you are guilty and then make sure that the jury sees what they want them to see.

    This is a human problem, not a cop problem. People aren't as moral as we like to think they are, and they will rationalize whatever is in their best interest to rationalize. Only vigilant oversight and a concerted effort to sustain the presumption of innocence will keep people honest. Problem is, those have been discredited as well. Government oversight and presumption of innocence are now grouped under "helping the terrorists."

  57. FBI KGB? by Anonymous Coward · · Score: 0

    These morons are no different than the KGB. I have had dealings with both of these kinds of morons, some in SE Asia, and some in the SF bay area 45 years ago. Which is why I exercise my 2nd amendment rights, and have NO problems using them on those who would try to run over my rights! Shoot first!

  58. axiom amendment: by discogravy · · Score: 2, Insightful

    corollary to "honest men have nothing to fear from the law" should be "honest government has nothing to fear from facts"

  59. Disband them by ^_^x · · Score: 1

    You just caught the FBI red handed trying to literally block justice. Disband them. Don't laugh, they're supposed to be your government, not you their subjects.

    Then, wasn't there some rule (I'm not American so that's my excuse for not knowing...) about disbanding the FBI if they operated outside the country, and the CIA if they should ever be caught operating INSIDE the country? This is neither, but both have happened flagrantly to no effect on their standing.

  60. FYI: Co-Sleeping Prevents SIDS by tobiah · · Score: 1

    While American Pediatrics is opposed to co-sleeping, this is in direct contradiction of all evidence. The explanation is straightforward: the infant will follow the breathing/sleep patterns of the parents, and is kept from falling into the extremely deep sleep at which SIDS occurred. Also the parents are right there to notice as soon as anything is wrong.

    http://www.babyreference.com/Cosleeping&SIDSFactSheet.htm

    (subscription required)
    Why babies should never sleep alone: A review of the co-sleeping controversy in relation to SIDS, bedsharing and breast feeding .
    Paediatric Respiratory Reviews , Volume 6 , Issue 2 , Pages 134 - 152
    J . McKenna , T . McDade

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  61. Central issue is weight by Anonymous Coward · · Score: 0

    The central issue is how a DNA database match should be weighed in court. The 1 in 113 billion figure is the chance of randomly selecting a single unrelated person from the population with a given DNA profile. A database search is not a random selection and a database likely contains relatives. The statistics that are currently in use assume the individuals being searched are unrelated. Some labs will factor in the size of the database (np method), while others will not.

    A couple of corrections with the above comments:

    The term "DNA Fingerprinting" is quickly disappearing and was argued against from the beginning by many due to the lack of a sound scientific foundation for fingerprints. "DNA Profiling" is much more appropriate.

    The Arizona database search utilized their state database of approximately 65,000 individuals, not 6 million. It is expected that you would see around 100 pairs of matching individuals at 9+ loci when the profiles are unrelated. That means that there are around 44 additional pairs of matching individuals. The most likely cause is the presence of relatives (approximately 1000 sibling pairs). (see PPT Presentation)

    Finally, these issues are further magnified when labs perform familial searching. Sometimes a database search will produce a close, but imperfect match to a database entry. The partial match will sometimes be used as justification to investigate a relative of the person in the database. This introduces many issues with what constitutes probable cause and civil rights. It's also important to have a sound statistical method for identifying when the true perpetrator is likely to be a relative (see Paoletti, et al. 2006).

  62. "unusual" search method: done correctly by ReedYoung · · Score: 1
    You're absolutely right, the FBI's excuse about Troyer's search method is a cowardly, blatantly dishonest cop-out.

    Indeed, experts generally agree that most -- but not all -- of the Arizona matches were to be expected statistically because of the unusual [sic] way Troyer searched for them.

    In a typical criminal case, investigators look for matches to a specific profile. But the Arizona search looked for any matches among all the thousands of profiles in the database, greatly increasing the odds of finding them.

    An honest test of the rigor of any matching system is to pursue all matches, meaning they should not only welcome "greatly increasing the odds of finding them," their goal should be maximizing the odds of finding spurious matches. That requires that in a set of 65,000 DNA profiles, each datum must be compared to every other datum, for a total of 65,000^2 = 4.225 Billion DNA profile pairs to compare, none of which should yield a match. This is exactly the same algorithm assumed by the 1 in 113 Billion estimate of the statistical unlikelihood of a match, so their complaints about an "unusual" search method are 100% invalid, and they all know it.

    --
    "I can't imagine how things could get any worse!" (some guy) "That could just be failure of imaginatioÂn on your p
  63. Maths...ur doin it wrong by Anonymous Coward · · Score: 0

    The 1 in 113 billion number is for a random pair of records to falsely indicate a match. Note that for 65,000 records, there's about two billion distinct pairs that you can make. So, if 122 of these pairs are false positives, that means that we're really looking at the odds of a false positive being about 1 in 17 million.

    Based on this, false positives seem about 10,000 times more likely than what the FBI claims, but it's still nowhere near as bad the 1 in 533 you got.

    1. Re:Maths...ur doin it wrong by sjames · · Score: 1

      I was mis-interpreting the FBI's actual claim, a confusion between a search and a match (It's a rather common mis-interpretation and likely encouraged by the FBI).

      Nevertheless, yes, even with that corrected, their figure is WAY off. Perhaps enough to go from beyond reasonable doubt to reasonable doubt.

  64. Can you hear anything through those tin hats? by Sally+Forth · · Score: 1

    From the article:

    Indeed, experts generally agree that most -- but not all -- of the Arizona matches were to be expected statistically because of the unusual way Troyer searched for them.

    In a typical criminal case, investigators look for matches to a specific profile. But the Arizona search looked for any matches among all the thousands of profiles in the database, greatly increasing the odds of finding them.

    As a result, Thomas Callaghan, head of the FBI's CODIS unit, has dismissed Troyer's findings as "misleading" and "meaningless."

    He urged authorities in several states to object to Arizona-style searches, advising them to tell courts that the probes could violate the privacy of convicted offenders, tie up crucial databases and even lead the FBI to expel offending states from CODIS -- a penalty that could cripple states' ability to solve crimes.

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    I find it interesting that almost everyone here assumes that the FBI are blocking this because they've Got Something To Hide, instead of the conclusion that I, as a software engineer, automatically assumed - that they fear lawyers digging through a bunch of stuff that basically paralyzes their computer system and leaves large groups useless for their Real work.. apprehending real criminals who really do bad things.. just to prove that something unlikely really isn't so.